Dr. Daniel Wittig

IP rights & competition law

Trade mark and designation law

• Application of German trade marks, community trade marks and IR trade marks
• Trade mark research, management and monitoring
• Contract design (trade mark license and transfer agreements, delimitation agreements)
• Conduction of opposition and cancellation proceedings before authorities, the German Federal Patent Office and the General Court
• Trade mark and designation infringements (warning, preliminary injunction, action)
• Rights to names, company signs, and titles of works

Design law

• Design infringements (warning, preliminary injunction, action)
• Design license agreements

Patent and utility model law

• Cooperation with patent attorneys
• R&D contracts

Know-how protection

• Non-disclosure agreements (NDA)
• Know-how protection agreements

Copyright

• Copyright infringements (warning, preliminary injunction, action)
• Related property rights (in particular image rights, databases, sound recordings)

Commercial and distribution law

National distribution

• Delivery agreements
• Purchase agreements
• Delivery framework agreements
• Order framework agreements
• General Terms of Purchase and Sale
• Warranty regulations
• Guarantee agreements
• Quality assurance agreements
• Inco terms
• Product liability law
• Agency agreements
• Non-disclosure agreements

IT & data protection

IT-Law

• Preparation, design and monitoring of IT projects
• Creation of software, especially agile software development as well as traditional software development ("waterfall model") including preparation (letter of intent, memorandum of understanding)
• Use of software and hardware on a temporary basis, in particular cloud computing (CC), application service providing (ASP), software as a service (SaaS), infrastructure as a service (IaaS), platform as a service (PaaS)
• License agreements
• Software maintenance, hardware maintenance and other support services
• Outsourcing agreements
• Software and hardware distribution: drafting and negotiation of general terms and conditions and framework agreements and distribution agreements
• Tendering of IT services, EVB-IT (supplementary terms for the procurement of IT services)
• Assertion and defense of claims in and out of court, e.g. in the event of software defects, licence infringements and liability issues (claims for damages)
• Reversal of failed software projects
• Defence against negative ratings and representations on the Internet, including enforcement by means of a preliminary injunction
• E-Commerce (designing of online shops, both B2B and B2C)
• App agreements, in particular drafting of terms of use
• Law governing online platforms including social media (drafting of terms of use, defence against claims, etc.)
• Law governing search engines (Google, Bing, Yandex, etc.)
• Online marketing including SEO
• Competition and liability law on the Internet

Data protection law

• Assumption of the function of data protection officer
• Data protection inventories & status reports
• Advice on the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (Bundesdatenschutzgesetz; BDSG) and other data protection laws
• Data protection compliance
• Preparation of custom data protection concepts
• Data protection documentation and record of processing activities
• Drafting and review of agreements on order processing
• Pre-checking, testing, evaluation and privacy-related documentation of IT systems such as video surveillance
• Data protection for websites and online shopts
• Privacy statements and data protection in e-commerce
• Advice on data protection risk management
• Realization of data protection training and workshops
• Advice on technical and organizational measures
• Data protection in international dealings, international data transfer
• Drafting of data protection and privacy provisions in works agreements
• Communication with data protection supervisory authorities
• Support with certification and audits
• Advice on the avoidance of data breaches, hacking, phishing