IP / IT

We protect what is most valuable – your ideas, innovations, and market advantage. 

Our practice combines expertise in intellectual property, new technology law, and competition law. We advise on matters related to patents, trademarks, industrial designs, and copyright. We know how to secure investments in technological solutions and how to effectively protect our clients' interests in a dynamic and competitive business environment. 

At SDZLEGAL Schindhelm, we offer a comprehensive approach – from IP protection strategies to support in disputes, licensing, and compliance with competition law. We work in an interdisciplinary manner because we know that today the boundaries between technology, intellectual property, and market regulations are increasingly blurred. 

IT law relates to legal issues regarding information technology and counts as a cross-sectional area. For that reason, it includes relevant subdivisions of all main legal areas such as contract law, data protection, and IP law. 

The right strategy and effective legal advice are the foundation for protecting innovative solutions. At SDZLEGAL Schindhlem, we support companies in securing their ideas, technologies, and data—key resources that determine their development and market advantage. We help protect intellectual property against infringements such as plagiarism and counterfeiting, which generate huge economic losses. We also advise on information security and compliance with data protection regulations – because in the digital world, failure to address these issues can have serious legal and financial consequences. 

Our IP and IT Services 

• Drafting contracts for software development, maintenance support, and licensing agreements for data, data mergers, or the entirety and related project data protection concepts. 

• Advice and legal support when introducing new software solutions. 

• Advice on the management of digital risks in financial markets (Digital Operational Resilience Act, DORA) for financial companies and ICT providers such as cloud service providers. 

• Advice and support for online sales systems (online shop) and reseller structures. 

• Advice on and development of brand strategies. 

• Advice on the registration and protection of intellectual and industrial property rights. This allows you to secure your company's growth and investments in research and development. 

• Enforcement of the rights of owners and entitled parties in court proceedings. 

• Cooperation with law enforcement agencies and customs authorities to effectively combat infringements. 

• Advice and representation in the event of claims brought against rights holders by third parties (e.g., court orders, opposition to trademark applications). 

• Advice on all matters relating to the Internet, domains, e-commerce, data protection, and digitization. 

Consultancy Needs in IP & IT Law 

Nowadays, protecting and proper identification of intellectual property is fundamental to corporate risk management. The right legal action protects your company’s valuable assets by safeguarding innovation, brand names, and creative works and by preventing unlawful use by competitors. At the same time, IT legal advice is essential to fulfil privacy regulations, to design IT contracts in a legally certain way, and to protect against cyberattacks, which ensures the company’s comprehensive legal protection and long-term stability. 

IP and IT legal advice are important in the following situations: 

• As part of compliance with new laws and regulations (DORA, Data Act). 

• For an intended corporate transaction. 

• To protect your intellectual property such as ideas, trademarks, patents, and software. 

• When creating or intending to enter into contracts and licensing, and when advising and negotiating agreements and transfers of technology and/or of data. 

• When developing and evaluating data-protection concepts and managing data risks or a data breach. 

• For legal disputes or violations of rights by other competitors.  

Our IP & IT Expertise  

We strive to work closely with you and your management team to understand your business and products and to best represent your interests. Our focus in IP and IT law is especially on the following areas: 

• Contracts for the grant and transfer of rights of use under copyright law, particularly license and cooperation contracts –   
  - Although copyright as such is non-transferable, it is possible to grant a license, i.e., the right to use a work under strictly defined conditions. A properly drafted license agreement precisely defines the scope, territory, and duration of the rights. In the case of joint projects – e.g. in the creative, IT or research and development industries – it is crucial to clearly regulate who can use the results of the work and to what extent. We will ensure that your rights are protected and that the cooperation is transparent and secure. 

• Legally certain design of license agreements in IT law – License agreements must detail the rights and obligations of all parties, including licenses of use, maintenance, support, and liability issues. Misunderstandings must be avoided and content must be formulated accurately to avoid legal and financial consequences. 

• Software development agreements – A well-written agreement for the creation and delivery of software is relevant to circumvent legal disputes and misunderstandings about the process. 

• Know-how contracts – In IT, companies often share and transfer technical knowledge. Know-how contracts ensure the protection of trade secrets and intellectual property of all parties involved; a legally valid contract design minimises the risk of disputes and unauthorised use. 

• Digital Operational Resilience Act (DORA) - Virtually all regulated institutions and companies in the European financial sector fall under DORA. Additionally, DORA unites various requirements on institutions and companies in terms of cybersecurity, ICT risks, and digital operational resilience.  

• Intellectual property protection – Authors and inventors have exclusive property rights to recognise their creative achievements and provide economic benefits to owners. For that reason, these ownership rights in intangible assets must be protected by registration to protect them from unauthorised use. 

• Trademark law – Trademarks identify a product or service (logos, names, slogan) and confer on the owner the exclusive right to use the trademark in business. Companies must register their trademarks to protect them; additionally, trademark law contains civil and criminal rules that owners can assert for trademark infringements. 

• Media law – Media law creates a legal framework that includes the production and distribution of content (radio broadcasting, press, film, digital media). The essential components are the protection of personal data and the safeguarding of personality rights that companies must take into account. Violations may result in lawsuits and damages. 

• Copyright – Copyright grants the copyright holder the sole right to distribute and reproduce a work. In the case of copyright infringement, legal advice is needed to claim damages. Consultation is also meaningful when purchasing licenses. 

• Patents – With a patent, an owner legally ensures that the protected invention cannot be produced, used, or sold without permission. A patent application must be detailed and precise to ensure full protection and it also requires extensive patent research. 

• Right of use – The right of use (or utility model right) represents a cost-effective alternative to patent protection, but it offers a smaller scope. Rights of use are useful for inventions that may not meet the high requirements for a patent’s novelty and inventive step. 

• Registered design right – This right refers to the external appearance of products (shape, colour, contour, surface texture, etc.). Owners have the exclusive right to use it and to prohibit third parties from using it. 

• Immediate effect of preliminary injunctions at trade fairs, including in trade fair cities - A preliminary injunction can ensure that the distribution of infringing products ceases. This effectively protects rights holders and prevents further damage – and is especially important in trade fair cities where piracy and unfair competition practices are common. 

• Domain law – Proper domain registration is critical to avoid litigation. Domain law ensures that domain names do not infringe trademark rights and are not used for unfair competition. 

• E-commerce law – Companies must ensure that their online business model and practices comply with legal requirements. E-commerce law offers the basis for this and it regulates aspects such as contracting, consumer protection, data protection, and electronic payments. 

• Privacy – Protecting personal data from abuse and unauthorised use is a legal requirement for companies. In Austria, data protection is subject to the Data Protection Act (DSG) as well as the Europe-wide EU General Data Protection Regulation (GDPR). 

• Data Protection Impact Assessment – With a Data Protection Impact Assessment, companies assess the risks that data processing entails for the rights and freedoms of individuals. The effects of planned data processing in terms of data protection must be evaluated and appropriate remedial measures must be taken.  

• Trademark differentiation and priority agreements – These agreements define how and in which geographic or material areas the respective rights may be used. This helps companies avoid conflicts with other brands or businesses. 

• Competition law – Companies must guarantee business practices that comply with legal requirements. Competition law thus includes regulations against unfair competition, industrial property rights, and regulations to prevent the formation of cartels. Competition law is also an essential standard in contract design, for instance, in the area of establishing distribution systems. 

References and Success Stories 

We stand by our clients’ side with expertise and commitment in IP and IT law. The following are some of our most recent successful clients. 

• SDZLEGAL Schindhelm advised SALEOR COMMERCE on the conclusion of an IT services agreement with BREITLING 

SDZLEGAL Schindhelm supported its long-standing client SALEOR COMMERCE in establishing cooperation regarding the provision of IT services to BREITLING, one of the leaders in the watch sales industry. The Law Firm's advice included negotiating service agreements and appropriately regulating intellectual property rights to works created under the agreements. 

• SDZLEGAL Schindhelm advised an automotive capital group on the reorganization of its IT structure for HR systems 

SDZLEGAL Schindhlem supported its long-standing client, a leader in the automotive market, in multi-stage activities related to the reorganization of its IT structure and the introduction of new HR and payroll systems. The Law Firm's advice included the appropriate preparation of IT structures and the negotiation of agreements with their new supplier, including support agreements for adverse events. 

• SDZLEGAL Schindhelm advised a pharmaceutical capital group on establishing cooperation with a university in the field of research and development. 

SDZLEGAL Schindhlem supported its long-standing client from the pharmaceutical industry in establishing cooperation with one of the leading universities in Wrocław. The cooperation included joint research on a project, which raised a number of intellectual and industrial property law issues, including those related to co-creation of solutions. The Law Firm's advice included the appropriate preparation of the project structure and securing the client's copyrights and potential patents. 

• SDZLEGAL Schindhelm advised a client from the semiconductor industry on setting up a structure for conducting laboratory research. 

The SDZLEGAL Schindhlem law firm advised one of the technology companies from the semiconductor industry in establishing cooperation with a renowned research center in Germany. The subject of the cooperation was the analysis of a unique solution developed by the client in terms of the possibility of its commercial use. Due to the sensitive nature of the project, they were responsible for creating the MTA agreement along with appropriate security for the client's trade secret, taking into account scientific research. 

Contact and Legal Advice 

The IP/IT team at SDZLEGAL Schindhelm offers a full range of legal advisory services in the field of intellectual property and IT to ensure the security of innovation. With offices in Wrocław, Gliwice, and Warsaw, we safeguard your rights and technologies, ensure their proper use, and provide legal defense if necessary.