IP Identification

IP Development

IP Maintenance

IP Monetization

IP Protection



I am passionate about representing creative people and innovative businesses. My law practice focusses on IP, media, data protection and IT law.

The combination of my practice in a German-APAC law firm and the experience in my own boutique law practice for the last eight years have equipped me with the in-depth knowledge and expertise to provide high quality legal service in IP, media and IT related matters, always maintaining a straightforward and cost-effective approach.

Besides national businesses from different industries, such as fashion, sports, hospitality, furniture and media, I am advising clients from the U.S., Switzerland and Scandinavia, as well as inventors, designers, businesses or individuals with their IP or tech related legal issues.

I am proud to consult enterprises with a conscious business focus, such as eco-homewear and travel-gear manufacturers on their distribution and trademark strategies. Furthermore I am pro bono counselling a charitable organization that is engaged in the field of sustainability education.

Dedication to quality, understanding of the law, trust, and respect are the foundation of my relationships with my clients.




Brands are some of the most valuable intellectual property assets that a company may own.

My services include assessing prospective trademarks for clearance and availability for use, and for national, EU-wide and international registrability. I conduct ex parte proceedings, such as filing and prosecuting trademark applications, and inter partes opposition and cancellation proceedings before the trademark offices.

Moreover, I survey the market for possible infringements and represent trademark owners and accused infringers in infringement litigation, including ex parte seizure orders, temporary restraining orders and preliminary injunctions before the courts.

U.S. market is paramount. As it is well worth considering this in the early stage of trademark development it is important to have strong partners if things tend to stall in one of the most trickiest jurisidctions. I early fostered a strong relationship with well trusted IP attorneys in a U.S. boutique law firm taking care of your trademark if necessary.

  • Trademark lifecycling
  • Advising enterprises in the development process of tradenames or product brands
  • Trademark application process for national, EU and international trademarks
  • National and international portfolio management, including clearance, prosecution, maintenance and overall strategy
  • Anti-counterfeiting advising and enforcement, including customs seizures
  • Litigation
  • Shielding against unauthorized and expensive pre-litigation proceedings brought by competitors
  • Cooperating with enforcement authorities in criminal investigations
  • Internet domain and social media issues
  • Trademark proceedings before national and EU intellectual property offices
  • Trademark transactions and licensing
  • Distribution agreements


Advising businesses protecting their creative expressions across all areas of industry and art is essential part of my service portfolio. Assisting clients to identify, protect and exploit their copyrights. Information technologies such as web pages, databases and software are protected by copyright law just as well as traditional works, such as art, photography, and music works.

I advise on handling copyright infringement litigation, including the representation of copyright owners against infringers as well as individuals and businesses accused of copyright infringement. Furthermore, I assist clients to commercialize their copyrighted works by flanking licensing strategy with legal advice.

  • Identification of copyrights
  • Evidence conservation of emerging copyrights
  • Copyright protection
  • Copyright licensing
  • Copyright transactions
  • Software and database copyrights
  • Anti-counterfeiting enforcement and seizure of copyright-protected goods


The world is encompassed by designed products, like cars, tools, furniture, jewelry, smartphones, fashion etc. Identifying and defending the singularity of a product is the goal of design protection.

In Germany and the EU designs can be registered for up to 25 years. I carry out research for clients and register designs on the German, EU and international level. 

More, I advise clients with their negotiations and the exploitation of their design rights, be it through license agreements or the sale of full design rights.

Enforcing design rights in relation to third parties, defending against attacks by others, charging to designs held by clients’ competitors in violation cases in court or out of court is part of my service portfolio.

New opportunities in relation of design protection delivers the unregistered European design protection.

  • Desgin lifecycling
  • Advising businesses in the development process of designs
  • Design application process for national, EU and international designs
  • National and international portfolio management, including clearance, prosecution, maintenance and overall strategy
  • Anti-counterfeiting advising and enforcement, including customs seizures
  • Litigation
  • Shielding against unauthorized and expensive pre-litigation proceedings brought by competitors


Competition law describes the rules of fair play in the market. I assess our clients’ advertising claims and slogans in relation to lawfulness prior to their publication. Examples for violation of unfair competition law are misleading advertising or aggressive commercial practices.

I also protect clients in pursuit of anti-competitive actions by competitors by means of out of court actions, like warning letters as well as court actions, like filing preliminary injunction or action for cease and desist and damages. Examples are product counterfeiting or the offering of product copies harming my clients’ business reputation.

  • Assessing and providing of expert opinions in all areas of competition law
  • Advising with the implementation of advertising and marketing concepts
  • Legal assessment regarding marketing measures of competitors
  • Court and out of court enforcement in competition law matters
  • Trade libel


Not all of your intellectual effort would be protected as IP. Mere business strategies, adresses of your customers or recipes for example. You may also decide not to file an innovation as a patent or utility model since you are shying away from disclosure of your invention. Coca Cola ever since kept its cola recipe as a secret.

Identiyfying possible trade or business secrets (TBS) is part of my services. I would assess if handling your intangibel valuables as trade or business secret is an option for you and what measures you would take to maintain secrecy.

Since new EU regulation on TBS came into force in early 2019 prevention of unauthorized infiltration of secrets through the hiring of employees is a further threat I would keep an eye on for you.

  • Indentification of TBS
  • Advice on the exploitation of TBS
  • Controlled dsiclosure of TBS
  • Non disclosure agreements
  • Enforcement of injunctive relief, right to information, compensation against iloyal employees and competitors
  • Auditing and risk monitoring
  • Transferring and licensing of TBS


Advising individuals and businesses in media and press law related issues is often a matter of quick responsivness. Be it preliminary action before a publication or action for monetary damages, compensation and right to information when things have already gone sideways. I’ll advise you to get most of your rights in media and reputation related issues.

  • Protection of privacy of persons
  • Protection of reputation and goodwill of products and businesses
  • Protection against negative reports and media coverage
  • Protection against libel speech and slander
  • Removal of search-engine entries and search results
  • Deletion of reviews from online platforms such as Amazon, eBay and Facebook


I am counselling clients on their data security, data crisis and information management needs in EU’s toughest jurisdiction.

Big data mining but also traditional methods of data collection. Many enterprises take advantage of the ever-growing number of opportunities making most of their information, particularly with regard to commercialising it compliant to regulations.

I advise clients in streamlining their data handling to current data protection regulations and adpating to early trends in the clutter of this legal field. I would support them adapt to arising challenges and exploitation of fresh opportunities.

  • Compliance with data protection regulations (GDPR, BDSG)
  • Databreach and cybercrime
  • Databreach risk analysis
  • Advise in a databreach situation
  • Communication with watchdogs, compromized individuals and the press
  • Drafting of data protection policy
  • Cross-border data transfer
  • Compliance with EU-US Privacy Shield
  • Data governance and records management
  • Data exploitation

"Taking ownership of your problems,

keeping your big ideas safe"


  • Schulz Noack Bärwinkel Rechtsanwälte – attorney in IP/IT and corporate law
  • Hanseatic Higher Regional Court of Hamburg – 2nd legal state examination
  • Jung von Matt Werbeagentur – legal department (legal clerkship)
  • Regional Court of Hamburg – chamber for commercial matters competent for IP law (legal clerkship)
  • Norddeutscher Rundfunk (German Public Broadcaster) – legal department (legal clerkship)
  • University of Edinburgh – masters degree in tech and innovation law
  • Universität Hamburg – 1st legal state examination
  • Technische Universität Hamburg-Harburg – industrial engineering and management studies

Before starting his law practice Daniel Nitschke began his career in a medium sized law firm focussed on in-/outbound china related issues as well as renewable energy law.

Inititially he advised on IP/IT legal issues before shifting to corporate desk where he would deal with questions at the intersection of IP/IT and corporate law such as inter-company flow of information, data exploitation and IP due diligence.

Daniel holds a law degree, was awarded a master in technology and innovation law from Edinburgh University (LL.M.) and is certified attorney (Rechtsanwalt) with the Hanseatic Bar Association Hamburg. Daniel is fluent in German and English and keen in improving his French.


Daniel A. Nitschke, LL.M. (Edinburgh)
Scheffelstraße 24a
22301 Hamburg

Fon +49 (0)170 278 0507