Category Archives: Online Legal

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG.

But communication media has different sides. You can destroy the honor and reputation of a person unlawfully. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. Continue reading Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

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Portrait rights (Copyright Act), general right of personality and Press

The right to one's image

Where is the portrait rights regulated?

In “Law(this is) relating to the copyright in works of fine arts and photography” (Copyright Act) from 1907, as a general right, criminally in § 202a of the Criminal Code, as well as some in data protection legislation.

What is protected?

The right of personal portrayal protects photographs or records from access by other. That § 22 Copyright Act allowed only with the consent of the depicted images published or publicly displayed. The consent is in doubt as granted, if the person portrayed this, that he allowed himself to reflect, received a reward. After the death of the person depicted is required to expiration of 10 Years, the consent of the members of the depicted. Members under this Act, the surviving spouse and children of the person depicted, and if neither a spouse nor children are present, the parents of the depicted.

The production of portraits is not therefore recognized immediately, but certainly their distribution and public display. Unlike in copyright also just not the photo is protected as such, but the Sample. Continue reading Portrait rights (Copyright Act), general right of personality and Press

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Competitive situations (including competition law and warnings injunction proceedings)

What is it about?

Competition law is in contrast to antitrust law advertising law; regulated the manner of advertising in terms of a single measure of the marketing mix. This is done regardless of the medium used, and detached from the relevant public. So it turns (also) represents a single letter of a company to a customer already as "advertising" in the legal sense.

Against anti-competitive behavior, the procedure is usually done by a warning along with solicitation of a imitator. It is an unregulated legal institution. A sample warning letter can be found here. The right Abgemahnt must usually abmahnenden the competitors will refund the cost of the lawyer's use. These costs start at around. 500 EUR in the case of relatively simple, "Hazardous" violations and to quickly reach the middle four digits. Even in light of this fact, the prior examination of the marketing activity is recommended.

Are otherwise not sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, can einstweiliges available procedures are performed. The overall process is able to include two and three summary proceedings on the merits. Continue reading Competitive situations (including competition law and warnings injunction proceedings)

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Contract law (Contracts, Terms creation) and contract review

Horak lawyers across the civil- versed and contract law. We are used to, to set us apart with the economic concerns of our clients, to translate these into customized formulations and appropriate contractual interest.

Of course we support the interests of our clients even after a legal dispute over the contract beyond the end. We put the needs of the clientele to be enforced by or. defend them against insolvency. Here, we do not content ourselves with routine measures. We help our clients with specialist knowledge in the field of law enforcement and the Insolvency Act to enforce his claims.

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Intellectual Property (Patent law, Utility Model Law, Trademark, Design Right, Plant variety rights) and Copyright

We know with all forms of protection of intellectual property. The advice ranges from the registration and defense of patents, Use patterns, Designs and brands to domain name, Semiconductor topographies and plant varieties. Special experience in many industries, For example, in telecommunications, the electrical industry or the pharmaceutical industry set us apart.

We assist our clients with the inclusion of these rights in the strategic planning. We stand before the German Patent- and Trademark Office, European authorities and international authorities to, order to optimally place the rights of the markets in the interests of our clients.

We support the utilization of existing rights, both defense before ordinary courts, as well as against competitors. It includes this copyright law fair use in competitive marketing activities, preventing injuries third party rights and targeted responses to product- or property right piracies.

Of course, we fully manage your property rights. For example, we evaluate Trademark monitoring of, Check all the requirements for obtaining, for expansion or differentiation of your brand etc. worldwide.

Horak Attorneys designed all necessary contracts such as license agreements, Delimitation agreements, Confidentiality Agreements, Recycling- and distribution agreements etc. Additional qualifications, knows z.B. as a graduate engineer, ensure a comprehensive, also technical issues comprehensively considered advice and representation.

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Internet Law

The legal framework of your website, both in relation to competitors, Providers and users, require special attention. By taking into account the essential legal requirements in the areas of copyright, Trademark, Telecommunications Law and Criminal reached a representative office in “WWW” also the legal professional, which is factually.

Horak Lawyers acting for the benefit of industrial users, Such provider or client, who want to realize their ideas in this area. This involves, in terms such as electronic commerce, electronic cash, cyberlaw, nothing, tld, meta tags,PGP, cloud much more simple for everyday self-understanding.

We understand your language, know the legal problem cases and represented – in courts – with the necessary expertise to the satisfaction of the court. This technical background is not a self-; on the contrary – we obtain our knowledge through the study of our double Lawyer & Dipl.-Ing. (Electrical engineering / technical computer science), so that we can explain your circumstances and technically applicable law.

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IT law

The IT Law represents one of our major priorities. Development, Production, Distribution and maintenance of software- and hardware requires regular review and adjustment of contracts and terms and conditions underlying. Because the law is constantly changing. Of general shopping- and marketing conditions on software development contracts, the design of license- system or contracts to the enforcement of individual claims, we have a profound understanding of the IT market developments in the information technology. Of course we know with technical “Innovations”, wie Cloud Computing ebenso aus, as actual IT innovations. Einschlägige Branchenkenntnisse und Branchenerfahrung nebst unserem Verständnis für die besonderen Fachtermini und wirtschaftliche Zusammenhänge bietet Ihnen eine zielführende Beratung und Vertretung.

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