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Today, new and old forms of media are interconnected and perform
similar communication functions in Germany and worldwide. The tv
receives emails, videos are downloaded from the internet.
We have
organised ourselves in accordance with this convergence of media, and
have coordinated our activities in all areas of media, information and
communications law under the heading Communication. This comprises the
more traditional areas of law such as competition and trademark law,
intellectual property law, press and radio law and the newer areas of
telecommunications and IT law.
The law relating to the press and radio transmissions
In radio and press law we represent mainly German press businesses and
public service radio stations. Dr. Ernesto Loh represents the Sender
Freies Berlin station, for example, in the enforcement of
counter-declarations or injunctions. Radio law is not, however,
confined to the protection of rights of privacy and to personality, it
also regulates the state administration of radio and television in
Germany and Europe for example the allocation of frequencies. We advise
large building firms and network authorities laying new broadband
cables on the radio law issues at play with regard to the organisation,
marketing and laying itself.
Intellectual property law
In intellectual property law, we draft contracts, which regulate the
exploitation of intellectual property and so seek to prevent disputes.
If a breach of law occurs, we represent our clients before the courts.
Our lawyers advised an internationally acclaimed German research
institute that established a search engine on intellectual property law.
Competition and trademark law
We help our clients to protect and enforce their rights against
competitors quickly and efficiently. Trademark infringements in the
Internet are of ever growing importance. Domain grabbing, misuse of
meta-tags, manipulation of search engine results by cloaking the
imagination of competitors and free-riders is inexhaustible. Where
necessary, we apply to the court for an interim injunction or
injunction. With the help of our Internet team, we are in a position to
document breaches of competition law and injunctions. We raise
compensation, breach of contract and injunction claims.
Internet Law
Domain disputes play an important role. Dr. Gerhard Michael,
who has published works and given lectures and classes on internet law,
has represented businesses and local authorities before the courts in
domain disputes. Together with the Negotiation and Mediation
Organisation (Gesellschaft für Schlichtung und Mediation e.V.) we are
currently developing a system for online mediation of domain disputes.
For a flat rate we decide by way of a so-called site-audit, whether an
Internet presence is legally feasible. The scope of the audit is
decided in advance together with the client.
E-Commerce in Germany: we draft standard terms of business for the
on-line offers of our clients and advise about the introduction of
digital payment and signatures. We deal with matters of data protection
and the legitimacy of frames and links. We judge whether our clients
might assume liability for the contents of other pages when they set up
fora or mailing lists.
Telecommunications law
Within German telecommunications law, competition is regulated by the
state: public authorities decide who is entitled to provide
telecommunications and multimedia services under which conditions, and
how these providers should be regulated.
Anyone wishing to provide telecommunication services requires a licence
and in certain circumstances a frequency. In cases where the allocation
of rights is in dispute, our lawyers provide representation before the
German Regulatory Authority for Telecommunications and Post (RegTP).
Where cables are to be laid, we will clarify matters regarding
servitude and rights of way. We draft contracts, which regulate the
erection and use of mobile phone terminals and negotiate terms for our
clients.
German telecommunications law also regulates everyday problems, for
example, which customer is ascribed to which number. This can be of
particular economic relevance where so called 0800 (free call) or 0700
(vanity) numbers are involved; translation of the number into letters
by means of the dialling pad often corresponds to a trademark or name
(vanity-number). Where such a vanity number is the object of a dispute,
our lawyers provide representation before the RegTP and against the
current holder of the number.
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