Professor Dr. Thomas Hoeren in Brazil: Protection of Trade Secrets in Europe

At the invitation of Professor Dr. Marcos Wachowicz (Professor at the University of Paraná in Brazil), Professor Dr. Thomas Hoeren gave a lecture on the European protection of trade secrets at the 15th CODAIP conference. He showed the different attempts to understand know-how protection as an intellectual property right. In a second presentation, Professor Dr. Ingo Sarlet (Rio Grande) told about the experiences with the constitutional protection of personal data. CODAIP is the largest event for scientific exchange on copyright and intellectual property law in Brazil.
Here is the video recording

New homepage of the association ip research

The ITM is proud to announce that the association supporting our IP Research Centre has a new homepage. The members of the support association are pleased that the topics of the association can now be presented on a modern, clear and appealing homepage. The advantages of the new homepage are the possibility to refer to upcoming and past events, to introduce individual members in more detail and to emphasise the interlinking of science and practice.

Click here to go to the new homepage.

If you have any questions about the association or are interested in becoming a member, please feel free to contact Mr Oliver Lampe or become a member directly via the new homepage.

IP Driving license new

The new IP Guide, developed by ITM in cooperation with PROvendis GmbH, has now been published. We are proud to have been involved in this great project, which imparts comprehensive knowledge in the field of IP law in a freely accessible, free and easy to understand way. Through Ms. Katharina Krüger (lecturer at WWU), the IP driving license is already being used in teaching practice.
We would be pleased if many of you would take a look at the IP-Führerschein and try it out.

It can be accessed here.

The University has also already reported on the IP Driver’s License.

We are happy to receive criticism and suggestions.

ITM Running dinner

On Oct. 15, 2021, the fourth edition of the “ITM Running Dinner” took place at ITM after a one-year break due to corona. A Running Dinner consists of three courses (starter, main and dessert) served at different locations by different hosts. Each course is made up of colorful host teams and guest teams. From pumpkin soup to quiches, game goulash, Pad Thai to crème brûlée, the most diverse delicacies were served during this year’s Running Dinner. Afterwards, with the beverage support of Prof. Hoeren, all teams gathered for a small drink.

We would like to sincerely thank all participating teams and are already looking forward to the planned new edition in spring 2022.

Art law clinic in South Africa

The Art Law Clinic in Münster enjoys great popularity, and not only in Münster. Nationwide, requests for an extended cooperation between law students and art students are coming in. Now the concept of the Münster Art Law Clinic has also been successfully established in South Africa. Professor Dr. Thomas Hoeren has agreed with his colleague in Stellenbosch, Sadulla Karjiker, and the Faculty of Fine Arts that law students from South Africa will provide legal advice to visual artists, under the supervision of the law professors and a lawyer from Cape Town. The project will start in 2022 and is already meeting with a good response in Stellenbosch. Furthermore, it  is planned to support the Stellenbosch University Library with book donations in the area of intellctual property rights.

Simon Henseler on Scoring

Simon Henseler from the University of Zurich gave a presentation at the end of his research stay on 29.09.2021 on the permissibility of automated credit scoring under data protection law, comparing Swiss and European data protection law.

By way of introduction, Mr. Henseler classified the current practical relevance of credit scoring, which has gained in importance in particular due to the installment payments and similar payment methods frequently offered in online stores. If a customer inquires about such credit, the merchant must be able to make an informed decision about creditworthiness. This is where the credit bureaus come in, and their system works in three phases: First, the credit agency obtains, stores and systematizes the relevant data and uses it to develop a model that can be used to obtain meaningful results about a person’s creditworthiness. If the credit agency then receives an inquiry from a potential lender, this model calculates a credit score, which is made known to the lender in the third phase as the basis for its decision on whether to grant credit.

This was followed by an explanation of the outline of the dissertation by Mr. Henseler. After an overview of the worldwide practice of credit scoring and a more in-depth explanation of the Swiss system, a data protection law examination of the scoring systems then follows as a synoptic comparison between the legal situation under the Swiss DSG and the European DSGVO. In addition to a discussion of the substantive and formal requirements, particularly those relating to the procedure, the focus here is on the permissibility of the current practice under data protection law in accordance with the respective legal systems. In this context, the different approach of the DSG and the DSGVO must be taken into account: While the former provides for permission with a reservation of prohibition, the latter follows the principle of prohibition with reservation of permission. Ultimately, however, the two systems converge again through a justification test that must also be carried out in Swiss law in the event of violations of personal rights through data processing.

After the conclusion of the lecture, there followed a lively discussion between the audience and, in particular, Professor Thomas Hoeren and the lecturer. Here, an intensive exchange took place about the role of the prohibition of automated individual decisions according to Art. 22 DSGVO (if this should be such a prohibition at all) and the new rules of the European Commission for the legally secure use of AI.

We sincerely thank Mr. Henseler for his highly interesting lecture, which was only made all the more insightful by the many thoughtful contributions to the discussion by the audience, and hope that he will have fond memories of his research stay at ITM.

J!Cast: The new Swiss DPA and the GDPR: Differences and similarities

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 In this episode of the J!Cast, the Swiss guest researcher Simon Henseler (University of Zurich) and the research assistant Nicolas John (ITM Münster) talk about the upcoming new data protection law in Switzerland and examine the differences and similarities of the law with the European GDPR. Simon Henseler also explains the current discussions about the VDSG, which has yet to be passed, and ventures an outlook on which problem points could possibly occupy the Swiss courts after the DSG becames effective.