Opinion  |  01/18/2021

Position Paper on the Draft of a Second Open Data Act and a Data Usage Act (DNG)

The position paper of Heiko Richter welcomes the high ambitions of the legislative proposal, but criticizes its failure to completely fulfill them, as the draft hardly goes beyond the requirements of EU Directive 2019/1024, and Section 12a of the E-Government Act falls short of its potential. In addition, the position paper also makes specific suggestions for improvement for the further legislative process.

Opinion  |  12/08/2020

Position Paper on the Draft Bill for an Act to Strengthen Consumer Protection

The position paper relates to the changes to German unfair competition law (UWG) resulting from Directive 2019/2161/EU. Although they undermine the approach of the UWG (claim for damages of the individual consumer), the 1:1 implementation of the draft bill is to be approved - after an influence in advance was obviously impossible. It is suggested, however, that the Directive's opening clauses should be used more extensively and that guidelines not conditioned by them, such as influencer marketing, should be waived.

Opinion  |  11/11/2020

Position Paper on the Draft Bill for a Copyright Service Provider Act

In a position paper on the draft bill for an "Act to adapt copyright law to the requirements of the digital single market", the Institute provides suggestions in particular for the design of the planned Copyright Service Provider Act (UrhDaG).

Opinion  |  03/11/2020

Position Paper on the Proposed Reform of the German Patent Act

The Position Paper generally welcomes the initiative of the Federal Ministry of Justice and Consumer Protection, but makes suggestions for improvements, in particular, with regard to the application of the principle of proportionality in the injunction relief proceedings and the protection of trade secrets in patent litigation. 

Opinion  |  02/11/2020

Comments on the Draft Issues Paper of the WIPO on Intellectual Property Policy and Artificial Intelligence of 11 February 2020

Opinion  |  04/16/2019

Position Paper on the government draft of 23 January 2019 for a Thuringian Transparency Act

A legal analysis of the proposed enactment of a Transparency Act in Thuringia.

Opinion  |  10/16/2018

Stellungnahme zum Referentenentwurf (RefE) eines Gesetzes zur Stärkung des fairen Wettbewerbs vom 11. September 2018

An analysis of the proposals to amend provisions in the Act Against Unfair Competition (UWG) and to introduce a repairs clause in the Design Act

Opinion  |  05/30/2018

Position Paper on the German transposition proposal of Directive (EU) 2016/943 on the protection of trade secrets

A legal analysis of the conformity of the proposal with the directive and suggestions for improvement

Opinion  |  07/13/2017

Position Statement on the Proposed Modernisation of European Copyright Rules

Position Statement in response to the proposals aimed at the modernisation of EU-copyright within the Digital Single Market published by the European Commission on September 14, 2016.