IP / INTELLECTUAL PROPERTY
COPYRIGHT
Copyright law offers comprehensive protection for almost all forms of creative work.
In times of digitalisation and the Internet, copyright law is constantly changing. Digital content is often copied and reproduced without being licensed. With our decades of expertise and experience in copyright and art law, we represent diverse interests of authors/artists, companies and rights holders in all sectors with precision and success.
- Fine arts, painting and sculpture
- Architecture
- Photography, image protection
- Design, applied arts, product design, industrial design
- Illustrations, graphics
- Fashion, jewellery, accessories
- Internet, websites, social media
- Bloggers, influencers, food stylists, gamers
- Music, composition, singing, music productions
- Film art, music videos, short videos
- Choreography, performance, pantomime, stage design
- Books, texts, literature, song lyrics, product descriptions, translations
- Examination and assessment of protectability and legal infringements/violations
- Legal examination in relation to adaptations and free use of works
- Preparation, drafting, review and modification of contracts for the use of works, granting of rights and transfer of rights
- Preparation, drafting, review and modification of licence agreements and assistance in related negotiations
- Legal advice, review and drafting of: artist contracts, management contracts, engagement contracts and band transfer contracts
- National and cross-border warning letters and prosecution of copyright infringements
- Defence against copyright warnings and lawsuits
- Extrajudicial and judicial enforcement of copyright claims, in particular
- claims for injunctive relief, removal/destruction, information, accounting, damages
- interim legal protection and interim injunctions
- prosecution of infringements of moral rights (right to be named as the author, protection against distortion)
- prosecution of infringements of rights to one's own image
- preparation, review and modification of cease-and-desist declarations and written undertakings
- in- and out-of-court (settlement) negotiations
- litigation in Germany and Austria, from the first to the last instance
- customised work portfolio management (support, monitoring, protection)
- Filing of protective letters in defence against interim injunctions
- Copyright treatment of orphaned, non-traded works or minor works
- Assessment of resale rights
- IP due diligence, in particular for company mergers and acquisitions
- and much more
IP / INTELLECTUAL PROPERTY
TRADEMARK LAW
Your trademark is an indication of origin for your company's goods and services, but also your distinguishing feature, your corporate identity and your seal of quality.
Trademarks significantly and directly contribute to a company’s economic success. This more important it is to optimally protect and position your trademark(s). That starts with the registration of your trademark in a national, European or international trademark register, but does not end there.
- Examination and assessment of the registrability of your trademark
- Legal support in the implementation of your trademark strategy
- Trademark research, including visual, phonetic and semantic trademark searches
- Preliminary similarity research and assessments
- National, EU and international trademark applications (IR trademark)
- Support during the registration procedure for your trademark
- Representation and defence in opposition proceedings, cancellation proceedings and other trademark law proceedings before trademark offices
- Warning letters for trademark infringements, in particular cross-border infringements
- Extrajudicial and judicial enforcement of trademark claims, in particular
- claims for injunctive relief, removal/destruction, information, accounting, damages
- invalidity and revocation proceedings
- interim legal protection and interim injunctions
- preparation, review and modification of declarations to cease and desist and other written undertakings
- in- and out-of-court (settlement) negotiations
- drafting and review of trademark coexistence, delimitation and licence agreements, etc.
- litigation in Germany and Austria, from the first to the last instance
- also concerning non-registered trademarks and domains
- Ongoing trademark monitoring, renewal of trademarks, administration and defence of trademark portfolios
- Formulation and submission of closing declarations
- Enforcement of claims in the event of unauthorised use of domains
- Trademark valuation
- and much more
IP / INTELLECTUAL PROPERTY
DESIGN LAW
Design is more than just external form, it embodies the identity of a product and has a significant influence on consumer perception.
Design law protects the appearance of products against imitations. This means that aesthetic and design elements of products can be protected by registering a design. Protection can be obtained nationally in individual countries or internationally (especially EU-wide) at relatively low cost. Whether interiors, electronic devices, toys, chocolates or vehicles – you name it, we protect it.
- Legal examination and assessment of the registrability of your design
- Similarity research, examination and assessment with regard to potential risks of confusion
- Registration of designs and registered designs: nationally, in the EU and internationally
- Warning letters for design right infringements, in particular across borders
- Defence against design law warnings
- Representation in official opposition, cancellation and transfer proceedings
- Extrajudicial and judicial enforcement of design law claims, in particular
- claims for injunctive relief, removal/destruction, information, accounting, damages
- preparation, review and modification of cease-and-desist declarations and written undertakings Verpflichtungserklärungen
- invalidity and transfer proceedings
- in- and out-of-court (settlement) negotiations
- interim legal protection, temporary injunctions
- litigation in Germany and Austria, from the first to the last instance
- Preparation and review of coexistence, delimitation and licence agreements under design law
- Design portfolio management (ongoing monitoring, renewals, etc.)
- and much more
IP / INTELLECTUAL PROPERTY
PATENT LAW
Patent law is the key to creating value from innovative technical ideas. It offers protection for inventions in a wide range of sectors – from high-tech, medical technology and chemis-try to everyday inventions.
In an era of rapid technological development and global networking, not only the protection of inventions but also defence against imitators is becoming increasingly important. This is because unauthorised use and imitations can jeopardise the fruits of your innovation. With our expertise in patent law, we enforce your claims with commitment and success.
- Legal advice on patent applications
- Support during the patent grant procedure
- Negotiation and drafting of licence agreements, advice and support during licence negotiations
- Review of contractual agreements, in particular in connection with employee inventions and negotiation of appropriate remuneration
- Extrajudicial and judicial enforcement of your claims, in particular
- claims for injunctive relief, removal/destruction, information, accounting, damages
- preparation, review and modification of cease-and-desist declarations and written undertakings
- in- and out-of-court (settlement) negotiations
- obtaining interim legal protection, interim injunctions
- litigation in Germany and Austria, from the first to the last instance
- Defence against patent warnings and lawsuits
- Advice on patent clearance decisions
- Reassignment of patents
- and much more
CIVIL AND CRIMINAL LAW
MEDIA LAW & PERSONAL RIGHTS
In the area of media and personal rights, we protect your name, your image and your good reputation.
We support you in your defence against false or defamatory statements made in public, e.g. in print media, on television and on the Internet, especially in the business sector. If, for example, your portrait is published without authorisation or otherwise used inappropriately, we will enforce your rights to your own image. We also assisst you in defending yourself against unauthorised use of your civil name, your company name or your domain.
- Media law review of statements and actions
- Review of suspicious reports
- Effective and rapid crisis management in the event of a media law infringement
- Media law warnings
- Enforcement of interim injunctions
- Advice for journalists and press organisations
- Media law support for public figures
- Conduction of media law compensation proceedings
- Enforcement of your right to publication of a correction, counterstatement or supplement statement
- Enforcement of the right to freedom of expression in the event of unjustified media law warnings
- Enforcement of your claims for a wide variety of media law violations:
- defamatory statements, insult, mockery and libel
- violations of strictly personal areas of life
- unauthorised disclosure of identity
- offences against the protection of the presumption of innocence
- and much more
- Examination of and advice on possible violations of personal rights, also post-mortem:
- breaches of honour, of privacy, of the right to one's own image or of name rights
- permissibility or legality of interviews, texts, illustrations, photographs or film material
- appropriation of identity or name, e.g. registration of websites, accounts, etc. in your name
- Support in all matters relating to domain law, in particular
- unauthorised use of domains, domain grabbing
- Extrajudicial and judicial enforcement of your claims, in particular
- claims for injunctive relief, removal, damages and others
- obtaining interim legal protection, temporary injunctions
- in- and out-of-court (settlement) negotiations
- litigation in Germany and Austria, from the first to the last instance
- and much more
BUSINESS LAW
COMPETITION LAW
Every entrepreneur must abide by the ‘rules of the game’ of fair competition – towards consumers, but also towards their competitors.
Unfair, misleading or aggressive business practices, e.g. in the form of comparative advertising or imitation of products and other creations, can lead to disruptions in the functioning of the market and can give your competitors an unjustified advantage. Ask us – we represent you in competition law and enforce your claims in a targeted manner.
- Competition law audits, assessments and evaluations of the market behaviour of competitors (business practices, public relations, etc.)
- Competition law audits, assessments and support in relation to:
- advertising measures, both online and offline (advertising campaigns, comparative advertising, etc.)
- e-commerce: websites, online shops, newsletters, e-commerce , platforms, etc.
- Competition law support when launching products, opening distribution channels or licencing
- Written warnings in cases of unfair, anti-competitive behaviour
- Defence against warnings, lawsuits and interim injunctions by competitors
- Extrajudicial and judicial enforcement of competition law claims, in particular:
- claims for injunctive relief, removal/destruction, information, accounting, damages, profit skimming
- preparation, review and modification of cease-and-desist declarations and other written undertakings
- obtaining interim legal protection, temporary injunctions
- in- and out-of-court (settlement) negotiations
- litigation in Germany and Austria, from the first to the last instance
- and much more
BUSINESS LAW
DATA PROTECTION LAW
Almost every company, no matter how small, processes personal data of business partners and customers. This data deserves careful handling and protection.
Processing personal data is subject to complex legal regulations – not just since the infamous GDPR came into force. We support companies of all kinds in developing data protection measures that are customised to their activities and size. From data protection declarations in contracts or on websites to customised and sustainable compliance measures.
- Drafting GDPR-compliant data protection notices and consent forms for websites and for your day-to-day business activities
- Legal advice in connection with data protection issues, in particular:
- handling of personal data in your company
- development of internal company compliance guidelines
- advice on data minimisation, purpose limitation, storage limitation, transparency, etc.
- preparation and review of confidentiality declarations and agreements
- Support in dealing with GDPR requests (information, erasure, rectification, withdrawal of consent, etc.)
- Notifications to the competent data protection authorities in Austria and Germany
- Representation in official and court proceedings due to violations of data protection law in Austria and Germany
- in particular, enforcement of data protection claims (injunction, removal, damages)
- and much more
Zwei Standorte, ein Ziel: bestmögliche Durchsetzung Ihrer Interessen.
Kontaktieren Sie uns gerne mit Ihrem Anliegen. In einem persönlichen Gespräch beraten wir Sie effizient – mit Tief- und Weitblick, die Lösung stets im Visier.
JAKOBER RECHTSANWÄLTE BÖSENDORFERSTRASSE 2/17
1010 WIEN | AT
wien@jakober-rae.com
TEL +43 1 947 85 50 00
FAX +43 1 947 85 50 20
JAKOBER RECHTSANWÄLTE
MÖRIKESTRASSE 12a
70178 STUTTGART | DE
stuttgart@jakober-rae.com
TEL +49 711 219 56 56 1
FAX +49 711 219 56 56 0
Zwei Standorte, ein Ziel: bestmögliche Durchsetzung Ihrer Interessen.
Kontaktieren Sie uns gerne mit Ihrem Anliegen. In einem persönlichen Gespräch beraten wir Sie effizient – mit Tief- und Weitblick, die Lösung stets im Visier.
JAKOBER RECHTSANWÄLTE BÖSENDORFERSTRASSE 2/17
1010 WIEN | AT
wien@jakober-rae.com
TEL +43 1 947 85 50 00
FAX +43 1 947 85 50 20
JAKOBER RECHTSANWÄLTE
MÖRIKESTRASSE 12a
70178 STUTTGART | DE
stuttgart@jakober-rae.com
TEL +49 711 219 56 56 1
FAX +49 711 219 56 56 0
Zwei Standorte, ein Ziel: bestmögliche Durchsetzung Ihrer Interessen.
Kontaktieren Sie uns gerne mit Ihrem Anliegen. In einem persönlichen Gespräch beraten wir Sie effizient – mit Tief- und Weitblick, die Lösung stets im Visier.
JAKOBER RECHTSANWÄLTE BÖSENDORFERSTRASSE 2/17
1010 WIEN | AT
wien@jakober-rae.com
TEL +43 1 947 85 50 00
FAX +43 1 947 85 50 20
JAKOBER RECHTSANWÄLTE
MÖRIKESTRASSE 12a
70178 STUTTGART | DE
stuttgart@jakober-rae.com
TEL +49 711 219 56 56 1
FAX +49 711 219 56 56 0
