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Issuing of law injury warnings through lawful third parties

21-Sep-2012 | Cologne | General Article (Non-News)

Cologne, Nordrhein-Westfalen ( Newsbox ) September 21, 2012 - In certain cases it can happen that multiple written warnings about copyright infringements are issued.

"In certain cases it can happen that multiple written warnings about copyright infringements are issued." [Pre-Approved Quote]

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt elaborate: Due to progressively increasing product piracy and the mounting, protection against intellectual property is more important than ever. Properties with corresponding protection rights can often be applied through a written warning. The costs of justified competition law warnings are eligible for reimbursement even when the guilty party has received a warning by a third party and the creditor had no prior knowledge of it. Such a reiterated warning can, according to the Higher Court of Oldenburg (Oberlandesgericht), be necessary and justified.

The liable party, especially in cases concerning Internet competition violations, can defer warnings by immediately ceasing the rightfully queried behavior and hand in a cease and desist declaration. As long as the creditor has no knowledge of previous warnings then it is within his/her rights to issue a warning and demand to have the corresponding costs reimbursed.

If you have received a warning due to an infringement, then it is highly advisable to have a lawyer research whether a claim could be made against you.

You should let a lawyer compose individual warnings and cease and desist orders and in the worst-case scenario bring your case to court, if there should be existing violations towards your brand or patent.

A lawyer will take care of the registration of a brand at the German patent and brand department. You will also be advised whether it is worth it or not to register the brand. A lawyer active in competition law will check the market and advertisement strategies in relation to competition law. Furthermore, he will counsel you extensively in the creation of and the completion of licensing contracts.

When checking copyrights conscientious research and diligence is vital. In copyright cases the question often arises as to who is really the creator of the work. In copyright law, which is different from patent and brand cases, there is no public registry from which an author of the copyrighted work can be determined. An experienced copyright lawyer should consult you regarding your decisions.

An experienced lawyer can offer you the competent knowledge regarding all aspects of lawful protection. This includes the copyright law, trademark law, patent law as well as, competition law.


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