Articles from Dr. Gerrit Hötzel

Many paths lead to a finished IT product. In addition to the idea and the relevant new ideas for a "product design", a company does not always have its own production plant, the necessary relationships with important suppliers and the resources for sales. In practice, various types of division of labor and cooperation have therefore emerged, within which - among others - the terms OEM, PLM, ODM and EMS are often used. The terms are not regulated by German law and are used in practice with slight differences. The following uses are common:

Crypto Trojans (also known as encryption Trojans, ransomware or blackmail Trojans) often lead to considerable damage, as all of the company's data is encrypted and the data is missing for further business operations and invoicing. Often "indirect damage" also occurs, e.g. if data is no longer accessible for reporting to the tax office. If up-to-date backups are available, the situation can often be resolved with a "scare" and the damage is still manageable. But what happens if there are no up-to-date backups? What are the options? Update (2020): Please also see our article Ransomware: Ransom payments can be illegal.

Modern online platforms are often designed as software as a service (SaaS). Economically, the aim is to offer the customer a service and relieve them of the burden of maintenance and care. The contract is structured as a continuing obligation in which payment is made according to certain time units (often monthly or annually). But how should the general terms and conditions be structured and what are the legal requirements?

Overview of the legally required steps
The design of an online store from a legal perspective includes the examination and design of various parts of the online store. It is regularly necessary:

What protection options are there?

When developing proprietary software, open source software is often used to avoid "reinventing the wheel". For example, a free JPG library is integrated into proprietary software or the Linux kernel is included in embedded software or firmware. The open source software in question is subject to its own open source license conditions, which must be adhered to. In the event of license violations, third parties can demand injunctive relief and damages, among other things. In the open source sector, however, an even more serious consequence can occur: All of your own software may have to be published free of charge in source code. This is known as the copyleft effect or the "infection" of your own software by the open source license.

OLG Cologne, judgment of 03.02.2016, Ref. 6 U 39/15

The Injunctions Act has been amended.

The EU General Data Protection Regulation (GDPR) has been published in the Official Journal and will therefore come into force in May 2018. There is therefore no acute need for implementation. However, the new regulations should be complied with from May 2018.

In March 2016, the previous Community Trade Mark Regulation was replaced by the new European Union Trade Mark Regulation. This has resulted in a number of legal changes. Of particular importance for some existing trade marks is the subsequent registration of goods and services by September 2016 at the latest.

Düsseldorf Regional Court, judgment of 09.03.2016, Ref. 12O 151/15

The Community trademark is now called the European Union trademark. The trade mark office is now called EUIPO (European Union Intellectual Property Office) instead of OHIM. In addition to the name changes, numerous detailed changes have been made due to the new EU Trade Mark Regulation.