Despite implementing appropriate procedures and complying with legal requirements, entrepreneurs may find themselves in a situation where their intellectual property rights are infringed or even they may infringe foreign intellectual property rights. The consequences of such an action can be particularly severe, not only in terms of loss of profit but also in terms of large damages and fines.
The ability to effectively enforce and protect intellectual property rights is one of the fundamental elements of a well-functioning IPR system. As a rule, legal proceedings take place in front of German courts, as they have local jurisdiction in the case of infringement within Germany. The German court will also have local jurisdiction if an online shop based in Poland directs its offer to customers in Germany.
We represent both owners of protective rights and business entities and natural persons, who are accused of infringement of rights;
- In court cases before the ordinary courts throughout Germany and
- in proceedings before the German Patent Office and the European Intellectual Property Office (EUIPO).
E-commerce law is a very rapidly developing branch of law. Technological developments have created a new space dedicated to E-commerce, which has significantly increased the number of potential infringements. When moving operations to the Internet, entrepreneurs, in addition to learning about the main market institutions affecting the e-commerce industry, should fulfil all requirements to ensure that their operation does not violate the law.
Only operating an online shop, constantly monitoring its compliance with applicable law, will help to avoid high administrative fines as well as warning letters, which are associated with high fees. Our experts at Grau Rechtsanwälte PartGmbB advise you on all questions relating to the e-commerce of your online shops, electronic platforms and company websites, in accordance with German law. Our main objective is to provide the most effective legal assistance dedicated to large E-commerce platforms as well as smaller players in the e-commerce market, including start-ups.