Differences in copyright on software, Trademarks and Designs

Generally, each, of an intellectual is achieved by a copyright on his spiritual power.

Copyright is automatically as protection of intellectual creations

  • Software, Images and photos

The copyright does not apply for

  • Brands, Design and technical inventions.

For these groups, a brand / design / patent be declared. Condition, that the protected object is used commercially, otherwise there is no registration available.

Registration of a mark


  • simple national application in D: 300€ (applies to 3 of 44 Arbitrary Industries)
  • national application in D: 4400€ (for all 44 Sectors)
  • simple European application: 1800€

Recommendation: File first nationally, since then, other European brands then secured in D can not act. Since Germany is the largest economy in the EU, worthwhile for others to sign a European brand significantly less.

It should first be tested, whether a trademark is registered national or European, because the patent office before signing this itself does not: dpma.de.

Registration of a mark in Berlin: Patent Office Hallesches Tor Berlin

Tip for research: The data in the online database systems are up to 6 Weeks old, only in the computer terminals of the Patent Office may be viewed or updated information you entrusted a patent- or trademark attorney, the then for 400 € to 1000 € for the Halle Gate moves :)

Who is right in the same company name?

There 4 Various reasons have the right to a name:

  1. Name of a company or private person
  2. a trade mark
  3. corporate ID
  4. eine Domain

The first 3 have equal rights while, The domain is one less legally.

It applies, who can prove that first has acquired a right, even if he was born with the name, can bring nothing other abmahnen.Es, if the other world brand “Sebastian Viereck” can protect. In that case I could dagegeben legal action:)

How do I find, if anyone uses a specific name?

This is difficult with 100% to say complete assurance. It helps the Registered and Google (Link I do not even now).


This article does not replace legal advice and the lawyer is not liable for the accuracy. I recommend you contact a lawyer IT: Firm Bilk & Wedge.

Types of contracts in the IT business

A contract can come in three ways concluded in the IT business, here is the valence as described herein (Individual contract counts more than Policies):

  1. Individual Contract
  2. Terms / Conditions of Use
  3. Laws e.g.: Copyright

1. Individual Contract

  • Service contract: No success required
  • Work contract: Success required

Sale of Software

  • Purchase agreement
  • copyright licensing

Important: Due to the purchase option, the customer has a right to ensure, so that all software should not be rewritten to customer, that this sentence should be incorporated into the contract:

“In subsequent contract should work contract law are applied.”

2.1. Terms of Service

  • no compulsion for Policies, if no presence, the law (e.g.. Warranty)
  • important rules should not be in the Policies, because individual paragraphs Conditions can quickly become ineffective geanwaltet :)
  • Policies can be completely ineffective, when an important paragraph is incorrect
  • Attention: Headings in the Terms and agreements are not legally relevant! So if it works contract is a contract of service and in the body is regulated, it is a contract of service. more…

What is personal information?

“Personal information is information concerning the personal or material circumstances of an identified or identifiable natural person (Affected).” (BDSG § 3. 1).

If I only … save, The personal data are already?

The Last name? And, because e.g.. “Schmidt” or “Al Gaddafi” might reflect the ethnic origin.

The First name? And, because you can close the gender.

The Address? And, because it (perfectly legal: Geoscoring) the credit can be determined by districts.

The E-Mail Adresse? Unexplained, because assignable via Web search.

The IP-Address? And. For non-anonymous, if the last 3 Numbers are zeroed.

Pseudonym? No, Zauberelfe alterSack84 and no personal data.

What should the storage of personal data are respected?

  • the user must consent to store the data or there is a legal basis for (Principle of legality)
  • as little data as necessary (Principle of data minimization / avoidance data)
  • understandable description, for which the data will be stored (Principle of the clarity of)
  • Use the information only for the intended purpose (The purpose limitation principle)
  • consent must be in writing (always been on the Internet)


  • copying from other sites is prohibited (Copyright)
  • from 10 Employees must provide a data protection officer with expertise and legal knowledge (Most computer scientists)

This article does not replace legal advice and the lawyer is not liable for the accuracy. I recommend you contact a lawyer IT: Firm Bilk & Wedge.

Button amendment solution for online shops

Until 01.08.2012 Online dealers must, the shop on their online (also) sell products to end customers, the requirements of the so-called Button Solution implement the final page, on the consumer initiates its order.

  1. Enhanced compliance information requirements
  2. Designing the order button

With a disregard for the law change the online retailer is anticompetitive. Incorrect labeling of the button, no contract with the customer.

For Switzerland / Austria, the German draft law also applies, provided that the offer is also to German customers: see Button solution Switzerland.

1. Enhanced compliance information requirements

It must be clear and understandable (clearly highlighted) are presented to the consumer, when

  • distinctive product characteristics
  • Specifies the minimum length of contracts (if present)
  • "The total price of the goods or services including all related price components, and all taxes paid via the employer or, if an exact price can be specified, its calculation basis, enabling the consumer to "a revision of the price
  • Giving all shipping costs and fees (e.g.: Customs): "Optionally additional delivery- Returns and notice of the possibility that other taxes or costs, that are not paid by the entrepreneur or charged to him "
  • the time-period for time-limited offers

The exact text of the law: § 1 Information requirements for distance contracts.

2. The button on the final Verkaufsabschlusseite

The button must be below the point at 1 designated information to be placed and do not occur more than once on the page. Between this information, no other visible items are placed, as e.g.: Checkboxes or input fields.

The button should be labeled following dimensions without further additions:

  • Paid payment order (Sample Marking the legislature)
  • Buy
  • Paid order
  • Payer contract close
  • Confirm order

Unacceptable labels:

  • Submit Order
  • More
  • Order
  • Go for us!
  • Confirm order and be pampered

Example of a successful implementation of the new regulations: zeedee-shop.com

recommended further reading: Lead thread button solution IT law firm in Munich.

This article does not replace legal advice and the lawyer is not liable for the accuracy. I recommend you contact a lawyer IT: Firm Bilk & Wedge.

Google Analytics for WordPress and German law

Mitlerweile everyone has heard of it, Analyticin that Google violates its basic configuration against the German law. Only the IP addresses of Anonymisierug protects the webmaster before the warning. These must be taken out at WordPress, that you install the appropriate Google Analytics Plugin, because only a few support the Anonymisierug, because it is completely legal in all other countries, to store the IP address of the visitor.

A plugin, which includes the necessary functions for Germany and otherwise very recommendable, is Google Analytics für WordPress.

The Annonymisierung can somewhat awkward in the settings “Show advanced settings” Tick ​​set and then all, scroll to the bottom and “Anonymize IP’s” Tick ​​set.

Naturally, the appropriate warning may in Imprint not missing.