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TWAINSCORE Partnerschaft von Rechtsanwälten mbB is a highly specialised boutique law firm. We advise and represent our clients exclusively in the areas of Labour law and IP/IT/media law. We have acquired many years of practical experience in these legal areas and a proven academic background, as evidenced by our numerous specialists’ publications and lectures at universities.

The focus of our work is guided by our clients’ interests.

Team

 

We work on complex legal problems with the aim of achieving the best but also the most cost-effective solutions. To this end, we work quickly, efficiently and with a high degree of creativity. We strive towards the enforcement of our clients’ interests both in and out of court and in matters before the public authorities.

Our clients include both medium-sized businesses and multinational companies operating in various sectors. In addition, we advise and represent senior managers and individuals on all relevant legal issues in the areas of our specialisation. In cases that involve other legal areas or cross-border legal matters, we rely on a well-established network of specialist colleagues.

If you have an issue relating to one of our areas of specialisation, you can contact us anytime.

Dr. Martin Wintermeier

Rechtsanwalt, specialist lawyer in intellectual property law

Dr Martin Wintermeier advises on all aspects of intellectual property law and on media and IT law. Dr Wintermeier’s work focuses, among other, on complex litigation disputes, e.g. patent or trademark infringement, unfair competition (German Unfair Competition Act), and unlawful disclosure of trade secrets. In these matters, Dr Wintermeier regularly works in close cooperation with larger teams in different legal disciplines and jurisdictions. In addition, Dr Wintermeier advises on the development of international trademark portfolios. Together with his partner, Mr Schmulenson, he advises and represents his clients on aspects of IP law that intersect with labour law, particularly on issues relating to corporate liability, competition, trade secrets and the law relating to employees’ inventions. He advises his clients in German and English.

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Dr Wintermeier is a visiting lecturer in Internet and e-commerce law at the University of Applied Sciences of Amberg-Weiden.

Dr Wintermeier studied law in Passau, Munich and Augsburg (Dr. iur.). After completing his studies, he practised, among others, in the patent litigation team of one of the leading German law firms and most recently at a well-known IP boutique firm based in Munich,

Dr Wintermeier gained a wealth of experience in foreign jurisdictions in his role at an American corporate law firm in Miami and in his role at the German Society for International Development’s (GIZ) Sino-German Legal Cooperation Programme in Beijing.

After completing his studies, Dr Wintermeier worked as a research assistant at the Technical University of Munich (Department of Corporate and Intellectual Property Law) and the Ludwig-Maximilians-Universität Munich (Department of Civil Law and Medical Law).

In addition to his doctoral thesis on a patent law topic, Dr Wintermeier has written numerous specialist publications on civil procedure law, unfair competition and patent law.

Publications

Igor Schmulenson

Rechtsanwalt, specialist lawyer in labour law

Igor Schmulenson advises companies, senior managers and company bodies on all aspects of individual and collective employment law and service contract law. Mr Schmulenson has many years’ experience in enforcing his clients’ rights in these legal areas, both in and out of court. Moreover, Mr Schmulenson has proven expertise in the areas of international secondment, transfer of employees and business immigration. Together with his partner, Dr Wintermeier, he advises and represents his clients on aspects of labour law that intersect with intellectual property law, particularly on issues relating to corporate liability, competition law, the provisions of the German Trade Secrets Act and the law relating to employees’ inventions. Mr Schmulenson advises his clients in German, English and Russian.

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Mr Schmulenson began his legal career at a well-known national law firm. Afterwards, he worked for a Munich-based employment law boutique for more than five years. Previously, Mr Schmulenson had worked in the labour law team of the legal department at a major insurance company in Munich.

Mr Schmulenson studied law at Ludwig-Maximilians-Universität in Munich. His legal training at the Oberlandesgericht in Munich focused on labour law. Before pursuing his career as a lawyer, Mr Schmulenson worked for various university departments of civil and public law.

In addition to his role as a lawyer, Mr Schmulenson has been a visiting lecturer in labour law at Hochschule Fresenius for several years.

Professor Dr Ronny Hauck

external scientific advisor*

Professor Hauck supports the lawyers of TWAINSCORE in selected cases on scientific issues, e.g. by providing expert opinions.

Professor Dr Ronny Hauck has held a professorship at the Humboldt University in Berlin since 2016 at the chair for civil law, intellectual property law and copyright law, private international law and comparative law.

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Professor Hauck studied in Erlangen and Augsburg (Dr. iur.), after which he worked as associate to Professor Winfried Veelken at Friedrich-Alexander-Universität Erlangen and to Professor Christoph Ann at Technical University (TU) Munich. He then worked as an attorney-at-law in Munich for one of the leading German law firms. In 2009, he joined the faculty at TU Munich as a Lecturer; there he finished his Habilitation in 2014.

He was invited by the Stetson University School of Law (2007-2008) and the George Washington University Law School (2012-2013) to serve as a visiting scholar. He was also a guest lecturer at the China University of Political Science and Law in Peking in 2018. Since 2018, Professor Hauck is a guest lecturer at the International Laboratory on Information Technology and Intellectual Property Law/National Research University-Higher School of Economics in Moscow.

Professor Hauck teaches courses in patent law, copyright, trade secrets law, and licensing law. His research focuses on IP law, licensing and insolvency law and antitrust; he has written several books, book contributions, and law journal articles in these areas.

*No lawyer or partner at TWAINSCORE

Legal services

Labour law
Thorough legal advice on labour law
We advise companies on all aspects of individual and collective employment law. We consider ourselves more than just legal advisers of the company but as “sparring partners” of our clients to exchange ideas at any time.
Litigation
Our advice is generally aimed at preventing conflict. If the desired results cannot be achieved out of court, we will enforce your rights in court. Thanks to our long-standing experience, we can develop the right strategy for any proceedings.
Collective employment law
Another important focus of our activities involves negotiations with employee representative bodies and equivalent bodies for public sector employees. If an agreement cannot be reached, we will enforce your rights before the arbitration committee and in court proceedings.
Business immigration
We assist both companies looking to attract qualified experts from abroad and expatriates wanting to work in Germany. Thanks to our proven expertise in this legal area and years of close cooperation with both the local immigration authorities and the numerous diplomatic missions (embassies and consulates), we can often facilitate a faster and smoother start into a new position.
Termination of employment contracts
We assist companies, company bodies and senior managers in the (imminent) termination of employment relationships. We develop strategies and then rigorously implement them. Our expertise is not limited to out of court advice but also includes the conduct of unfair dismissal proceedings.
Social security law
Numerous areas of social security law directly intersect with employment law. We give full consideration to these areas to ensure our clients receive the best possible advice.
Contract drafting
We draft and review employment contracts, bonus schemes and agreements on objectives. We also have proven expertise in drafting contracts and variable compensation components for company bodies – particularly the board and managing directors.
Use of external staff
We advise on all aspects of using external staff and draft the required contractual provisions for you. In addition, we represent your rights in relation to the supply of temporary workers before public authorities and in court.
Restructuring
The present times are characterised by the fast pace of life. Companies must always be prepared for sudden changes and act accordingly. We assist you in this aim and support you in all restructuring processes.
International employee secondments
Globalisation has a significant impact on the labour world. It leads to an increasing need for cross-border employee secondments. We create the necessary legal framework in these scenarios, e.g. by drafting the relevant contracts or communicating with public authorities to obtain the required documentation. Moreover, we can rely on a well-established network of colleagues who can advise on the employment law provisions applicable at the place of secondment.
IP/IT/Media law
Patent law
We enforce our clients’ patent rights against infringement by third parties. In addition, we represent our clients against letters before action, preliminary injunctions or lawsuits for alleged patent infringement. We analyse infringements and advise both on issues relating to the Freedom to Operate (FTO analyses) both before and during ongoing patent infringement proceedings (Second Opinion). In addition, we cooperate with experienced patent lawyers belonging to our well-established network to represent our clients in legal validity proceedings (Rechtsbestandsverfahren) in patent offices and courts.
Trademark law
We defend your trademark rights against infringers and product pirates. In addition, we represent our clients against groundless letters before action, preliminary injunctions and lawsuits for alleged trademark infringement.
We also advise you in developing the right registration strategy for your national or international trademark portfolio. Where conflicts involve third countries, we rely on our well-established network of experienced colleagues in nearly all countries in the world.
Design law
We defend your design rights against infringers and product pirates. In addition, we represent our clients against groundless letters before action, preliminary injunctions and lawsuits for alleged design right infringement. We also assist you with the registration of German, European and international designs. We also assist you in developing of the right registration strategy for your national or international design portfolio. Where conflicts involve third countries, we rely on our well-established network of experienced colleagues in nearly all countries in the world.
Unfair competition (UWG)
We provide thorough advice on unfair competition, particularly in litigation proceedings. We advise on effective action against competitors’ unfair practices and we represent our clients against groundless letters before action, preliminary injunctions and lawsuits for allegedly unfair conduct. In addition, we provide preventive advice to ensure compliance with relevant legal provisions, in particular with regard to permissible advertising campaigns.
Defamation
We advise and represent both companies and individuals against unfounded defamatory statements by third parties. In addition, we also provide preventive advice on defamation law issues, e.g. on press releases about ongoing court proceedings.
Copyright and media law
We advise on all aspects of copyright and media law, both in and out of court. Our particular areas of focus include the drafting and review of contracts granting rights (testimonial contracts, buy-out contracts etc.) and the enforcement of copyright.
IT law
We advise on issues relating to information technology law, e.g. on software projects or IT contracts in e-commerce. Advising innovative start-ups is a focus of our activities.
Contract law
We draft contracts in the abovementioned areas, e.g. licence agreements, non-disclosure agreements, R&D contracts, advertising and testimonial contracts and cooperation agreements. We also represent you in legal disputes relating to these types of contracts.
Labour law & IP/IT/media law
Employees’ inventions law
We advise and represent both employee-inventors and companies in matters relating to the employee’s inventions law. One area of our focus consists of advising companies on how to deal with typical employee’s inventions and on inventions by corporate bodies. We draw up customised guidelines for our clients that provide details on how to register and claim an invention and how to remunerate the inventor. Thanks to our dual expertise, we always give due consideration to the aspects of labour law . In disputes regarding the inventor’s right to remuneration, we represent our clients in both the courts and the Arbitration Board of the German Patent and Trade Mark Office.
Protection of (employee) data
We advise companies on all data protection issues, particularly protection of employee data. The potential ramifications of mishandling data have become considerably more serious for the parties involved since the General Data Protection Regulation (GDPR) entered into force.
We can assist you in designing and implementing internal processes that ensure that data is processed in accordance with the law, with a specific focus on employee data.
Moreover, we can represent you in disputes before data protection agencies and enforce your rights in court if necessary.
Protection of trade secrets
We advise companies on the protection of their trade secrets. Compliance with the new statutory requirements is of particular significance in this regard. To this end, we prepare customised guidelines and instructions for your company, which ensure that trade secrets are effectively protected.
In addition, we can rely on our experience of representing clients in numerous proceedings relating to the protection of trade secrets. We represent you before employment and civil courts to enforce all claims relating to the unlawful disclosure of trade secrets, in particular in claims for injunction, disclosure and damages. When the unlawful disclosure of trade secrets is suspected, we can conduct inspection proceedings if possible, to collect evidence for our clients. Moreover, we advise on the criminal aspects of the protection of trade secrets when enforcing our clients’ rights.
Non-competition covenants
We advise comprehensively on competition issues involving current or former employees, company bodies and shareholders. In this context, we advise our clients on the legal options regarding contractual and post-contractual non-competition covenants and draft the required agreements.
We also represent our clients in litigation disputes, both to enforce non-competition covenants and to challenge invalid non-competition covenants.
IP compliance
Another focus of our activities regards liability risks due to the infringement of intellectual property rights (patents, registered patterns, trademarks, designs). In the last few years, the liability of company bodies (e.g. managing directors) has been the subject of numerous rulings of the higher and supreme courts. We advise on this very issue from both an IP law and an employment/service contract law perspective.
The prerequisites for liability and measures to avoid liability must be carefully considered. Depending on the intellectual property right affected, these are treated differently by the civil division of the Bundesgerichtshofs.
In addition to civil law aspects, we also advise on criminal liability for infringement of intellectual property rights. Our advice is aimed at both companies and criminal defence lawyers who request intellectual property expertise in ongoing proceedings. It should be noted that the essential prerequisites for criminal liability correspond to those for civil liability. Calling in civil law expertise can add significant value in this context.

Do you need help in our specialist areas?

We look forward to hearing from you.

Adress

TWAINSCORE Partnerschaft von Rechtsanwälten mbB

St.-Anna-Str. 11
80538 Munich

Telephone

Our offices are located at St-Anna-Platz in the central Munich district of Lehel. Starting from Opernplatz in Munich’s Maximilianstrasse, you can reach us on foot in just a few minutes.

Alternatively, you can reach us by underground line U4 and U5, stop Lehel, exit St.-Anna-Platz.

Please note that communication via e-mail is generally not encrypted and therefore involves security risks.