Know-how protection Holistic, systematic, successful

Transcription

1 SKW Schwarz Rechtsanwälte Know-how protection Holistic, systematic, successful

2 Effective know-how protection must have a holistic approach and pursue the goal of safeguarding knowledge and information essential to the survival of the company. Effective know-how protection only succeeds by an interplay of legal, technical, and organizational measures.

3 Holistic know-how protection for small and medium-sized enterprises It is no longer major corporations alone that are at the mercy of the phenomenon of economic and industrial espionage. Particularly in the small and medium-sized enterprise sector, domestic and foreign companies attempt to acquire the know-how of their competitors fairly and unfairly. At the same time, corporate knowledge and sensitive economic information are exposed not only to external attacks: Around half of the know-how drain traces back to conscious and unconscious actions of employees or is caused by advisors or service providers, who know the company well. Companies can only protect themselves more effectively by identifying the know-how and the know-how carriers at an early stage and by developing holistic protection strategies that combine legal, technical, and organizational measures.

4 There are no standard solutions and no purely legal strategy Phase 1: Know-how audit In a know-how audit, we initially analyze what know-how worthy of protection the company possesses and where the specific risks are located. In the process, we take into account the entire value chain in the company - from developing a production process to preparing the market launch all the way up to the sales phase. Analysis of the know-how structure technical know-how customer lists supplier contracts corporate strategy product strategy marketing strategy

5 Importance of the know-how continued existence of the company earnings opportunities unique selling features replaceability by competitors Competitive environment market structure, market share know-how lead financial strength of competitors technological level of competitors development Market climate customer structure main markets legal environment in the main markets future markets Risk potential interest of the competitors in knowhow fluctuation of know-how carriers use of know-how by external service providers, license partners, cooperation partners, etc.

6 Phase 2: Individual protection strategy Based on the findings of the audit, we develop an individual protection strategy for your company. The legal and organizational measures, which we contribute for the purpose of protecting your know-how, include in particular: coordinated contract management (for example, modification of employment contracts, revision of cooperation, consultancy and delivery contracts) registration of property rights, such as trademarks, design patents or patents, technical measures, for example, modification of IT systems (access rights and access restrictions, encryption, training of employees)

7 Our Competence In order to offer you a comprehensive analysis and effective know-how protection, we assemble teams with specialists from the various legal fields. Our competences extend in particular to the following areas: consultancy on labor law matters including collective employment law IT-legal consultancy including data protection industrial property rights competition law criminal law consultancy

8 Your Advantages We develop an integrated know-how protection system for you, which takes into account the individual parameters of your company. no divergence losses through measures that are not coordinated across all legal fields no collision of measures with legal regulations (for example, monitoring system, data protection, rights of workers, contract clauses, General Terms and Conditions law) modular approach with focus on topics with the highest priority (employment law, contract law, protective rights, IT infrastructure)

9 Our Firm SKW Schwarz is an independent German law firm with more than 120 lawyers at five office locations. With offices in Berlin, Düsseldorf, Frankfurt am Main, Hamburg and Munich, we are represented at the major German business centers. We advise companies of all sizes, from owner-managed firms to listed corporations, and private clients in all major fields of national and international business law.

10 Our Areas of Work Banking and Finance Commercial and Distribution Corporate / M&A Employment Insolvency and Restructuring Insurance Intellectual Property / Competition IT & Digital Business Litigation and Dispute Resolution, Mediation Media and Entertainment Private Clients Public Law Real Estate Tax Transport

11 Your Contacts Markus von Fuchs, LL.M. Partner Certifi ed Expert for Intellectual Property Berlin T m.vonfuchs@skwschwarz.de Dr. Magnus Hirsch Partner Certifi ed Expert for Intellectual Property Frankfurt T m.hirsch@skwschwarz.de Dr. Martin Römermann Partner Certifi ed Expert for Employment Law Berlin T m.roemermann@skwschwarz.de Nikolaus Bertermann Of Counsel Certifi ed Expert for IT Law Certifi ed Data Protection Auditor (TÜV) Berlin T n.bertermann@skwschwarz.de

12 SKW Schwarz Rechtsanwälte Berlin Neues Kranzler Eck Kurfürstendamm 21 T +49 (0) F +49 (0) Düsseldorf Steinstraße 1/Kö T +49 (0) F +49 (0) Frankfurt/Main Mörfelder Landstraße 117 T +49 (0) F +49 (0) Hamburg Ferdinandstraße 3 T +49 (0) F +49 (0) Munich Wittelsbacherplatz 1 T +49 (0) F +49 (0)