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Recent News From GRP Rainer LLP

  • Prohibition of competition – BGH bolsters commercial agents’ rights

    Prohibition of competition – BGH bolsters commercial agents’ rights

    Published: 18 Apr 2018

    Commercial agency agreements often include a prohibition of competition, also known as a no-competition clause. Notwithstanding this, certain clauses in the general terms and conditions may be invalid, as is clear from a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court (Az.: VII ZR 100/15). Companies frequently arrange a post-contractual prohibition of competition with thei...

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  • OLG Düsseldorf – Deletions in a will need to be ambiguous

    OLG Düsseldorf – Deletions in a will need to be ambiguous

    Published: 11 Apr 2018

    If a testator removes parts of his will, these deletions should demonstrably come from him. Otherwise, the deleted passages might still be effective. A testator is free to amend his will. That being said, he ought to make sure that any changes made can be unequivocally attributed to him. In cases involving a handwritten will, the changes also need to be handwritten by the testator and preferably...

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  • BGH on compensation for bribes

    BGH on compensation for bribes

    Published: 10 Apr 2018

    Bribes are immoral and justify compensation claims for damages. These can be directed at recipients as well as those who initiated the bribes. According to sec. 826 of the Bürgerliches Gesetzbuch (BGB), i.e. the German civil code, a person is obligated to pay damages if they deliberately cause harm to another in a way that offends public morality. This also includes agreements involving bri...

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  • LAG Hamm: Dismissal on grounds of suspicion must comply with strict requirements

    LAG Hamm: Dismissal on grounds of suspicion must comply with strict requirements

    Published: 02 Apr 2018

    If an employer wants to issue notice of dismissal on grounds of suspicion, the circumstances need to be sufficiently suspicious such that it is almost certain the employee in question committed the relevant offence. For extraordinary notice of termination of an employment relationship to be effective, there needs to be good cause justifying this course of action. We at the commercial law firm GR...

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  • GRP Rainer Rechtsanwälte – Report on the distinctiveness of a trade mark

    GRP Rainer Rechtsanwälte – Report on the distinctiveness of a trade mark

    Published: 27 Mar 2018

    In order to be able to register a company symbol or logo as a trade mark, it needs to have the necessary distinctive character to distinguish it from the products and services of other businesses. Trade marks are a valuable commodity for businesses. They create a high degree of brand recognition among consumers and distinguish from competitors’ goods and services. Once it has been registered as ...

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  • GRP Rainer Rechtsanwälte – Experience drafting valid wills

    GRP Rainer Rechtsanwälte – Experience drafting valid wills

    Published: 21 Mar 2018

    Anyone who wants their estate to be organized in accordance with their wishes prepares a will. However, there are many pitfalls that can result in the will being ineffective. If the testator fails to leave behind any testamentary disposition then the rules of intestate succession apply. Those who want their estate to be distributed differently from what the rules of intestate succession allow fo...

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  • GRP Rainer Rechtsanwälte – Evaluating a trade mark’s distinctiveness

    GRP Rainer Rechtsanwälte – Evaluating a trade mark’s distinctiveness

    Published: 19 Mar 2018

    Before a mark can be registered as a trade mark, it needs to be assessed whether it possesses the necessary distinctiveness vis-à-vis other vendors’ products and services. Trade marks give rise to a high degree of brand recognition among consumers and are of great value to businesses. It therefore makes sense to have a mark registered with the Deutsches Patent- und Markenamt (DPMA), the Ger...

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  • LAG Rheinland-Pfalz: Employee needs to have good cause for termination with immediate effect

    LAG Rheinland-Pfalz: Employee needs to have good cause for termination with immediate effect

    Published: 09 Mar 2018

    For termination of an employment relationship with immediate effect to be effective, there needs to be good cause. This is true whether notice of dismissal is issued by the employer or the employee. Exceptional notice terminating an employment relationship with immediate effect is only possible if there is good cause. We at the commercial law firm GRP Rainer Rechtsanwälte note that the grou...

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