englischThis dissertation is a comprehensive analysis of the "transactional decision" as a core term of unfair competition law. After a historical overview, the thesis fills a gap in the German literature by an extensive systematisation of case law and literature on the term. On this basis, and [...]
more informationenglisch„The Right to Read is the Right to Mine“ is the demand of various research institutions from Europe and the US. Computational analysis of content using Text and Data Mining (TDM) should be legal, even if the content is protected under copyright law. How does copyright law resolve the [...]
more informationenglischThe jurisdiction and literature views on company trademarks and domain names have been clarified for years. However, the path that has led to this approach and its dogmatic effects on trademark law have never been questioned in detail. This paper therefore examines whether the protection of [...]
more informationenglischTrade via the Internet and high competitive pressure on companies means that recommendation marketing by (neutral) third parties is used to persuade consumers to make a purchase decision. In particular, marketing with quality labels and influencers enjoys great popularity, but also opens up [...]
more informationenglischWho has to bear the costs of a warning letter and under which circumstances? The dissertation examines this question, which has existed since the inception of the legal institution of warning letters, on the basis of the possible legal bases that can be considered for reimbursement of costs. [...]
more informationenglischThe work deals with the conflict of interest between ownership and copyright in architectural works. The legal systems of Switzerland and the United Kingdom are taken into account by way of legal comparison. The opposing positions are classified in terms of fact, constitutional law, contract [...]
more informationenglischThe steadily advancing digitalisation is also leading to an increasing number of patent applications for networked technologies. Networking and the transfer of information take place without regard to national borders and therefore, at first glance, seem to contradict national patent law, [...]
more informationenglischThe thesis answers under which conditions film excerpts of a pre-existing work or motion picture may be used for video-based user-generated content (UGC) such as fan films without the consent of the rights holder and undertakes a legal classification in European, German and U.S. copyright [...]
more informationenglischThe question of possible limitations to injunctive relief under patent law has once again become the focus of public attention. The core of the discussion is whether the enforcement of injunctive relief in its current form can lead to unjustified hardship for infringers and third parties. As [...]
more informationenglischOn the World Wide Web, of all places, the availability of feature films often ends at national borders. The reason for this is so-called geoblocking. Geoblocking can be used to technically enforce spatial restrictions on copyright usage rights. However, this seems to be in direct conflict [...]
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