ITM specialisation prolonged until end of summer term 2024

The ITM specialisation will be extended until the end of the 2024 summer semester and then discontinued as such. It will then be replaced by a new specialisation “Digitalisation, AI and Law” to be designed by the faculty.

The additional ITM training courses will continue until the summer semester of 2023, when a new additional ITM training on the law of the digital economy will begin, with a new profile and new emphases. All ITM supplementary training courses take place on a hybrid basis and are aimed at a nationwide audience of students, trainees or practitioners from the legal profession, business and administration. You can all look forward to the new concept of our additional training courses!

Chancellor’s Forum of the DFN-Verein

On May 23rd and 24th, research assistants Nicolas John and Owen Mc Grath participated in the Chancellor’s Forum of the DFN-Verein. The program opened on Monday evening with a keynote speech on the  Nationale Forschungsdateninfrastrukur (NFDI) by Prof. York Sure-Vetter. During a joint dinner, there were lively discussions on the current topics of digitization of universities between university chancellors from all over Germany and the representatives of the DFN-Verein. On Tuesday, the topics of identity management at universities and security operations at DFN-Verein were highlighted by various presentations. After more detailed explanations on the new framework agreements for video conferencing software, Mr. Mc Grath and Mr. John, representing the Forschungstelle Recht im DFN, concluded with contributions on the legal classification of plagiarism software and the effects of the TTDSG on cookie banners. The Forschungsstelle Recht thanks for the invitation and the lively participation as well as the enriching exchange.

Podcast: DMA and DSA – EU institutions agree on “digital constitution”

After politically contentious negotiations, the EU Parliament and the EU Council of Ministers agreed on final versions of the Digital Markets Act (DMA) and the Digital Services Act (DSA) in March and April 2022. The DMA is intended to regulate large online platforms and open them up to competition. The DSA serves, among other things, to combat illegal content on the internet. Some commentators even see these legislative packages as a new “digital constitution” at the European level. In this episode of “Weggeforscht”, research assistants Owen McGrath and Justin Rennert give an overview of the diverse regulations of the legislative packages in their final version.

J!Cast: ECJ on the legal standing of consumer associations under the GDPR

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 In this new episode of the ITM Podcast, the two research assistants Owen Mc Grath and Klaus Palenberg discuss the ECJ ruling on the standing of consumer associations to sue for data protection infringements. The ECJ has ruled that even after the introduction of the GDPR, consumer associations can rely on the power norms under Sections 8(3) UWG, 3(1) S. 1 No. 1 UKlaG to pursue data protection infringements. In doing so, they can also act on their own initiative and do not need a direct mandate.


Student wins BVB tickets in the Hybrid teaching review

Mr. Lennart Hermesch, a law student in Münster and participant in the Property Law lecture with Professor Dr. Thomas Hoeren, participated in a survey conducted by the Institute on the effectiveness and efficiency of hybrid teaching. More than 100 students took part in the survey. The response to the chair’s experiments with hybrid teaching was consistently very good and shows that the combination of classroom teaching, Zoom and YouTube is excellently received. At the end, two tickets for the BVB’s last game of the season were raffled off among the participants in the survey. Mr Hermesch won and enjoyed the great day in Dortmund with a friend. Many thanks to all for the active participation and the nice echo!

Lecture on trademark protectiom of real estate names

After studying in Frankfurt and majoring in IP/IT/data protection law, Mr Christoph Matras worked for more than three years as a research assistant for a medium-sized commercial law firm in Frankfurt. Thereupon, Mr Matras decided to do his doctorate with Professor Thomas Hoeren on the topic of “trademark protection of real estate names”. Mr Matras has now submitted his dissertation and held a lecture on it on 17 May 2022.

As an introduction, Mr. Mantras clearly presented the basics and the legitimacy of trademark law with reference to the influence of Union law. He then went on to explain the problem of the protection of the real estate name under trade mark law. There are hardly any unresolved legal questions arising from § 3 (1) MarkenG and Art. 4 lit. a UMV, but the concept of goods is a particularity. The Federal Supreme Court assumes that only movable goods are to be subsumed under the term “goods”, which means that real estate falls into an area not covered by the Trade Mark Act. Whether this assumption is compatible with Union law is left to the ECJ.

Mr Matras explained the argumentation for and against this assumption and then presented possibilities of how real estate could otherwise be protected under trade mark law and considered these critically. In particular, he discussed alternatives under trade mark law, supplementary trade mark protection via the Unfair Competition Act or even a right of designation under copyright law. In the end, however, Mr Matras had to come to the conclusion that, although trade mark law is not a conclusive and comprehensive protective law, real estate in particular is not sufficiently protected under trade mark law. There was no justification for this lack of protection.

On the basis of this, Mr Matras then went on to take a closer look at the need for development as well as the possibilities for development of trademark law. Among other things, a claim arising from fundamental rights was discussed, economic arguments were put forward and the loss of competence under European law was pointed out. As possible solutions, Mr. Matras examined a “Real Estate Trademark Act”, a further development of the Nice Classification or the interpretation of Union law. The latter, the most promising approach, was examined in more detail; a decision by the ECJ in this regard remains to be seen. Finally, Mr Matras summarised his findings and answered questions from the participants – especially on the example of “One Forty West”.

We would like to thank Mr Matras for his fascinating lecture and the participants for their lively interest.

Click here for the video.

Presentation at the Leibniz-Gemeinschaft

As part of the virtual 39th meeting of the Leibniz-Gemeinschaft Working Group, Johanna Schaller, a research assistant at the Forschungsstelle Recht im DFN, gave a presentation on electronic signatures and seals on Thursday 12 May 2022. The lecture included an overview of the various technical and legal designs of electronic signatures. In particular, the handling of the qualified signature was the focus of attention.

In the ensuing lively discussion among the almost 100 participants, the practical implementation of signatures was discussed in many different ways in addition to reports on experiences.

The ITM would like to thank the Leibniz-Gemeinschaft for its kind invitation and the positive feedback!