Frank Schembecker

IP rights & competition law

Competition law

• Violations against competition regulations (warning, pre-liminary injunction, action)
• Assessment of advertising material, web pages, online shops, advertising campaigns, contests, General Terms and Conditions etc. with regard to compliance with competition law
• Price information
• Labeling obligations
• Law on the advertising of medicinal products
• Protection against imitation
• Competition in the public sector

Trade mark and designation law

• Application of German trade marks, community trade marks and IR trade marks
• Trade mark research, management and monitoring
• Consulting on trade mark strategies
• 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
• Border seizure processes
• Trade mark and designation infringements (warning, preliminary injunction, action)
• Trademark infringements abroad
• Rights to names, company signs, and titles of works

Design law

• Application of German and EU designs (formerly known as design patents)
• Design infringements (warning, preliminary injunction, action)
• Design license agreements

Patent and utility model law

• Patent and utility model infringements (warning, preliminary injunction, action)
• Cooperation with patent attorneys
• Employee invention law
• R&D contracts
• Technology transfer agreement
• Patent license agreements

Know-how protection

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

Copyright

• Copyright infringements (warning, preliminary injunction, action)
• Contract design (copyright license agreements, music publisher agreements, orders for compositions, artist contracts, band take-over agreements, concert agreements etc.)
• 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
• Agency agreements
• Distributor contracts (including distribution cartel law)
• Non-disclosure agreements

Proceedings and arbitration proceedings

• Litigation in Germany and abroad
• Enforcement of claims against foreign debtors
• Strategies for the prevention of proceedings and reduction of risks
• Proceedings for the preservation of evidence, in- and out-of-court

Private construction law and regulations for architects

Private construction law

• Project-based legal consulting
• Contract design and review (standard price agreements, lump sum price agreements, GMP models, general contractor agreements, general take-over agreements, developer agreements)
• Review and handling of additions
• Preparation of letter templates in accordance with the VOB (German Construction Contract Procedures)
• Enforcement of wage claims
• Enforcement of/defense against warranty claims
• Risk estimates and assessments including recommended actions
• Support during extra-judicial disputes and negotiations
• Conduction of proceedings

Regulations for architects and engineers

• Contract design and review (architect contracts, engineer contracts, general planning contracts, project control agreements)
• Clarification of the scope of services owed by the architect or engineer
• Consulting during the preparation of the final invoice for fees
• Enforcement of fee claims
• Consulting and representation with regard to disputes under liability law

Plant construction

• Contract design and review of plant construction agree-ments
• Enforcement of remuneration claims
• Enforcement of and defense against warranty claims

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