Core elements of competition laws is the Law against Unfair Trade (UWG ) and the Act against Restraints of Competition (GWB). Together these laws are supposed to grant a fair coexistence between competing companies and at the same time guarantee and promote competition.
Especially in the scope of this law there like no other jurisdiction there has developed a comprehensive casuistry (case law), which divides the UWG in different case groups, which have been sorted out in the latest update of the law. For the layman this legal casuistry is hard to overlook, but is ultimately all about the question of what to in § 3 UWG competition, „against good morals“ mean.
Problems occur mainly on the field of advertising. Comparative advertising considered , especially since the Supreme Court has allowed comparing advertisements to a certain degree, entrepreneurs try to push back the legal limits of the permissible. After the abolition of law on discounts and free gifts this problem has been exacerbated because commonly since the erroneous opinion is that any kind of discounts and allowances is permitted .
Competitors and so-called „associations for the protection of fair competition“ are just waiting there in order to file a warning letter because of breaches of competition law and to charge „violator“ with considerable legal fees and court costs.
It is therefore advisable to have the advertisement or promotions checked on its competitive admissibility first before „going online“.
In times of modern digital reproduction techniques and global networking of communications intellectual property law get more and more importance because the effective protection of intellectual property is becoming increasingly difficult. By appropriate contractual provisions, the originator should be able to convert the fruits of his labor in hard cash, even if the work is protected by the copyright laws. In order to continue to harvest these fruits, it needs a consistent pursuit of violations of any kind
At the same time the protection of their own intellectual property and the right way to deal with the rights of others for their own purposes is also very important. When in doubt, whether rights are affected, not exclusively or for any private use of works, let it be music, movies, photos , text, graphics or software – one has to obtain the rights from the author. Otherwise, you can make yourself liable for damages and even punishable.
We offer focused advice for:
– Software projects
– Website solutions
– Promotions and Advertisng campaigns
– Patent rights, copy rights, design rights, trademarks
For further information on our office please contact us by e-mail.