WINHELLER Attorneys at Law & Tax Advisors advise and represent small and medium-sized companies of all sectors of the automotive industry from Germany and abroad. In addition to small manufacturers of motor vehicles and importers, these include mainly suppliers and representatives of the spare parts and tuning industries (aftermarket).
We show you how to protect your products and innovations in an optimum manner, concentrating on patent, design and trademark law protection on a national and international level. Need for action frequently also exists after you have registered your trademark rights, however. It is indispensable to consistently defend the trademarks, design patents and patents or utility models respectively in order to maintain your own position in the market. Legal measures such as warning letters, the lodging of objections and the commencement of actions for cancellation, injunctive relief or damages are oftentimes the only effective means against product piracy or other exploitation of trademarks, design patents or patents.
Just-in-time or Just-in-sequence manufacturing, which is standard in the industry, creates great challenges for the contractual parties. Especially from the supplier's standpoint, careful drafting of the contracts with customers is of existential importance. It is essential to find a balanced arrangement to ensure an adequate distribution of risk and to avoid unlimited liability. We assist you in conducting the negotiations successfully. In transnational manufacturing processes you will benefit from our international orientation. We cooperate worldwide with a large number of well-respected law and tax consultancy firms and are therefore also competitive when compared to far larger firms.
The issues of product safety and product liability are closely connected with the automotive industry. They become urgent if, for example, a recall has been issued or obstacles arise in the type approval procedure before the Federal Bureau of Motor Vehicles and Drivers. Our attorneys assist you professionally in the introduction of new vehicles or vehicle parts, review compliance with the regulations on product safety and represent your interests in and out of court in cases of liability.
We advise our clients comprehensively on all legal and tax matters arising in connection with sales and distribution. In the foreground is contract management, which extends from the contractual relationships to commercial representatives and transport companies up to end user business. If products are exported, care must be taken to ensure that the contracts also satisfy international standards.
If your competitors use anti-competitive methods in their marketing, we help you defend against these. By the same token, we advise you on the marketing of your products so that you do not become the target of your competitors' attorneys
Furthermore, we advise automotive companies in opening up new markets. This applies both to German companies expanding abroad and to foreign companies wishing to gain a foothold in Germany. At the same time, we take into account visa and residency law issues. We provide support in choosing the correct legal form and we handle other corporate law and restructuring law aspects as well as aspects of tax law, M&A transactions and relocations of corporate functions. If required, as is often the case, we will, of course, also advise you on preparing any necessary transfer pricing documentation.