The impact of the 'Unfair Commercial Practices Directive' on German legislation

21.09.2007 (Ms) The essay of attorney-at-law Jan Bartholl with the subject "The impact of the 'Unfair Commercial Practices Directive' on German legislation" can be found here on the website of the ministry for competitiveness& communications of Malta. The German version of the essay will be published soon.

For more information, please contact Mr Jan Bartholl or one of our experts. If you wish to receive the printed and published version of the essay, please contact us. We will send you the material.

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Negotiating and drafting commercial contracts in Germany

08.05.2007 (Ms) The European market is offering small and medium-sized enterprises (SMEs) a world of opportunities. At the same time, the step into the partly harmonized market in Europe needs to be well figured out and reasonably prepared. Negotiating, designing and implementing business contracts in Germany is complex and requires a strategic approach. Contract drafting is more than just putting words on paper. It is a long and involved process. It is not about winning at all costs, it is about understanding commercial objectives and negotiating for a win-win outcome. Hereby a mutually beneficial contract relationship will ensure your future success. Proactively manage the potential problems arising with international transactions by identifying inherent risks. This course will offer you an in-depth analysis and practical guidelines to meet the most important requirements in doing business abroad. It will offer you an exciting opportunity to share your experience and questions with the participants and the instructors. You will be actively engaged in case studies and simulations.

The instructors are attorneys and have a wide background and field experience. The instructor from Bartholl law firm will be Rechtsanwalt Jan Bartholl.

Jan Bartholl, German attorney at law, has published and co-authored several articles in the field of brand protection and trademark prosecution. Jan Bartholl holds a Master of Laws and is admitted to the Bar in Germany. He is a well-known speaker from Bartholl law firm.

The course will take place in April and May 2007 in Helsinki and in June 2007 in Sevilla.

For more information, please contact one of our experts. We will send you the course material.

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Specific company particulars in commercial E-Mail correspondence in Germany

22.05.2007 (Kö) Rechtsanwaltskanzlei Bartholl and our partners already emphasized an important change in German legislation on specific company particulars in commercial E-Mail correspondence.

Businesses in Germany were obligated already in the past to state specific company particulars in their letterhead in the course of trade. These specific company particulars need to be communicated now in all E-Mail correspondence as well. This means that all company particulars given in the letterhead have to be disclosed in every single E-Mail in the same way.

In January 2007 many E-Mails in commercial correspondence in Germany still have been sent without the necessary company particulars established by German law. Instead of communicating the new obligatory company particulars, many E-Mails only state incomplete specifications or even unnecessary E-Mail-disclaimers without meaning and legal relevance. We suggest setting up a plain and legally proper text module. You should inform your colleagues and team members to pay attention to use this E-Mail module in future E-Mail correspondence.


For more information click here .

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Maintaining brand value - Systematic digital brand management

23.01.2007 (Ms) Your brand, logo or trade mark is formally registered. Now you’d think it is sufficiently and adequately protected as well. It might be protected under formal trade mark legislation. But today’s competitive environment in Europe and its Member States demands an active brand management. This course will help you learn to think offensively as well as defensively. A systematic brand management and methodical competitor intelligence is a key element in business. As you learn to actively protect your brand, you will be better able to defend it. This course will offer you an in-depth analysis and practical guidelines to develop a systematic brand mangement. It will offer you an exciting opportunity to share your experience and questions with the participants and the instructors. You will be actively engaged in case studies and simulations.

The instructors are attorneys and have a wide background and field experience. The instructor from Bartholl law firm will be Rechtsanwalt Jan Bartholl.

Jan Bartholl, German attorney at law, has published and co-authored several articles in the field of brand protection and trademark prosecution. Jan Bartholl holds a Master of Laws and is admitted to the Bar in Germany. He is a well-known speaker from Bartholl law firm.

The course will take place in April 2007 in Helsinki as well as in Copenhague and in June 2007 in Sevilla. For more information, please contact us. We will send you the course material.

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German law case concerning German Travel Law and the consequences of cancelling the contract

The decision of the judgement by the Amtsgericht Neuwied of 31.03.2006 in case 4 C 27/06 obtained by Bartholl law office contains an important elaboration of the requirements for a traveller to cancel the contract because of a situation of force majeure, like a hurricane, a terrorist attack, SARS epidemy or the AVIAN influenza. If the traveller exercises the right to cancel the contract, the legal effects of such cancellation are stated by section 651j of the German Civil Code (BGB). The notice of termination due to force majeure by sec. 651j BGB states in para. 1: "If the trip is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when the agreement was entered into, then both the travel organiser as well as the traveller may give notice to the agreement simply under the provisions of such stipulation". But several requirements are uncertain and their interpretation is controversy discussed. The judgement states the conditions for the duty to provide information to the traveller by the travel organiser. The judgement is publish in the German monthly ReiseRecht aktuell in edition 4/2006 on page 169.

For more information you may contact Rechtsanwaltskanzlei Bartholl by mail or telephone.

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