The Internet is not outside the law. Especially business activities via internet affect industrial property matters, copyright issues and matters of competition law in many different ways.
This might involve intellectual property infringements, which can take place in a similar way outside the internet, for example the sale of paten, trademark or design infringing goods. However, in connection to the internet a number of additional questions will have to be answered such as which law applies as well as the international and local jurisdiction.
In addition to that experience shows that infringements of rights in the internet require an adaptive methodology, for example suitable documentation of the rights infringing offer, where appropriate, carrying out a test purchase and identifying the domain owner. Additional many online-marketplace operators and online portals offer the possibility to report infringements and subsequently can be subjects to a claim for breach of duty of care in case they refrain from taking actions to disable or delete rights infringing offers.
Finally there is a whole string of specific internet law aspects such as the cyber law as well as case-law concerning metatags or using ASIN numbers owned by third parties. In addition on the field of e-commerce questions concerning the conclusion of a contract and consumer protection are relevant. Furthermore, data protection regulations especially in accordance with the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG) as well as Media law requirements (i. e. in accordance with the German Telemedia Act (TMG)) are to be observed.
Die Patenterie GbR
Patent- und Rechtsanwaltssozietät
Nürnberger Straße 19
95448 Bayreuth
Mo–Fr 8:30–16:00
Tel: + 49 921 | 50 70 86 0
Fax: + 49 921 | 50 70 86 26
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Vacher Str. 94c
90766 Fürth
nach Terminvereinbarung
Tel: + 49 921 | 50 70 86 0
Fax: + 49 921 | 50 70 86 26
Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.