Jörg Kornbrust

Lawyer / Partner
  • Specialist Lawyer for Industrial Property Law
  • Certified Data Protection Officer and auditor (TÜV®)
Kurfürstendamm 220
10719 Berlin

Jörg Kornbrust has been working as a lawyer since 2004 and specialises in IT law, data protection law, intellectual property and copyright law. He is an information security officer (TISAX®, TÜV®) as well as a certified data protection officer and auditor (TÜV®). His focus is on the implementation of large IT and data protection projects at Group level in international structures. He supports clients in the implementation of complex IT processes to achieve a certifiable security standard and takes care of the legal project management as well as the preparation of necessary legal documents. In addition, he conducts IT security and data protection audits of clients and their service providers. Kornbrust represents international clients in copyright, trademark and competition law. In trademark law, he offers strategy recommendations for the international roll-out of brand portfolios, including registration and administration of national and international trademarks through various organisations such as the DPMA, EUIPO and WIPO. He has experience in official proceedings such as objections and cancellation proceedings and offers judicial and extrajudicial representation in trademark disputes, as well as contract drafting, for example for licence agreements.

  • Expertise
    • IP litigation

      Representing clients in infringement proceedings has always been a key area of expertise at FPS. For decades, notable rights holders have entrusted the judicial assertion of their rights to the experienced FPS lawyers. FPS is often involved in the investigation of infringement cases as well as the inspection and preservation of evidence in advance. We also support our clients in border seizure cases. Representation is provided in all areas of IP law before the relevant courts and agencies.

    • Media/press law

      Media law regulates the use, distribution and production of media content such as radio, television, print media and online media. Press law is a part of this and deals with framework conditions of the press, including freedom of the press, editorial independence, personal rights, media liability and the right of reply. FPS advises media companies on legal matters relating to freedom of expression, including advice on media content and legal representation in proceedings involving the right of reply, injunctive relief and compensation for damages. We possess industry knowledge and offer advice on typical media contracts, cross-media collaborations and freelance authors. We also support Internet platforms in the areas of copyright, consumer protection and data protection. In the event of online legal violations, we successfully cooperate with law enforcement agencies.

    • Pharmaceutical advertising law

      FPS has been advising medium-sized and larger pharmaceutical and medical device manufacturers on advertising issues for a number of years, assessing advertisements, websites, brochures, giveaways and other promotional material, for example, and addressing the associated issues of the admissibility or misleading nature of information featured in scientific statements, among other things, in the light of the Health Services and Products Advertising Act (HWG) and the Act Against Unfair Competition (UWG). In this field, FPS represents manufacturers in out-of-court processes involving competitors and competition associations and especially in disputes before the civil courts.

    • IT contract law / outsourcing

      FPS advises in all areas of IT contract law. Whether clients need support in drafting and negotiating IT project contracts, designing and running outsourcing projects or making use of cloud services – we are on hand to help with our experts. In addition to many years of experience in advising a wide range of industries and companies of all sizes, our team has a real technical affinity and a special degree of creativity. This gives us a good technical understanding of our clients’ concerns and business models and enables us to find the best solution for them. Our services include drafting and negotiating IT project contracts (agile, classic, managed services, new business models), outsourcing contracts, service descriptions, service level agreements and pricing plans, and helping clients to prepare for due diligence processes, vendor conferences and on-site visits. We also oversee project and system integration measures as well as hardware and software maintenance and draft licensing, escrow and distribution agreements.

    • IT litigation / mediation

      In many cases, carefully drawn-up project contracts protect the parties from disputes. Due to the content and complexity of IT projects, however, disputes cannot be completely ruled out. We help our clients to get troubled projects back on track by finding sensible solutions. If necessary, we also support them when asserting their rights (judicially) or defending against claims.

    • Data (protection) law

      Digitalisation unlocks new opportunities for companies and creates space for future-oriented and scalable business models. Data has become the most valuable currency in the digital world. Data protection law – or now data law – is a separate advisory field at FPS rather than a mere annex to other areas of law. FPS helps companies to devise future-proof and legally compliant data usage concepts so that they can achieve their goals when using new technologies: innovation and data protection – when understood correctly – needn’t contradict one another. The GDPR with its drastic fines has significantly increased the risks for companies. FPS establishes what a company is permitted to do with the data and ensures compliance with data protection requirements in a pragmatic way by setting up a data protection management system, which, among other things, includes records of processing activities, data protection policies, data protection information, deletion and authorisation concepts, data protection impact assessments, processes for dealing with information and deletion requests from data subjects and much more besides. And if penalty proceedings are initiated, we defend our clients’ rights against the supervisory authorities. We also provide external data protection officers for our clients – for data protection from one single source.

    • IT security / cybersecurity

      While IT security has long been considered a ‘technical’ matter handled solely by a company’s IT department, its legal relevance can no longer be disputed. Alongside buzzwords such as ‘trade secret’, ‘data protection’ or ‘record fine’, the implications of any liability for executives must be taken into account, for example. In order to fully protect a company and its management, a legal assessment of the risks should always be carried out in addition to examining the matter from a technical perspective. FPS devises cybersecurity strategies to protect government agencies as well as business owners and businesses. In the event of an attack, our experts coordinate the immediate action that needs to be taken, getting in touch with their IT security forensic experts, crisis communication agencies, investigative authorities and insurance companies. And we help our clients to defend themselves against claims for damages and administrative fines.

    • Artificial intelligence

      Artificial intelligence (AI) is influencing more and more areas of life and the economy. AI has been a ‘hot topic’ since the advent of ChatGPT. The potential is huge – so the time has come to get to grips with the legal parameters of AI. This includes, for example, protecting AI-generated works and avoiding copyright infringements by texts, images and software created by AI, not to mention any liability issues, data protection implications and the need to find a sensible approach to handling training and production data. FPS ensures that AI applications are legally compliant. We draft contracts, protect intellectual property and help to uphold ethical standards. In the event of any conflicts, we are our clients’ first line of defence. We also hold training courses on the subject of AI for our clients and their employees, together with leading AI consultants on request.

    Language skills

    German English
  • Education
    since 2017 Partner at FPS 
     Certified Specialist Lawyer for IP Law 
     Certified Data Protection Officer and Auditor (TÜV®) and Information Security Officer TISAX® (TÜV®)
    2004Admission to practise law in Germany 
     Second state law exam
     First state law exam
  • Memberships
    • Deutscher Anwaltsverein Arbeitsgemeinschaft Informationstechnologierecht (DAVIT)
    • GRUR
    • INTA International Trademark Association
    • Gründungsmitglied Kinderhilfe Fortaleza e.V.
  • Publications
    Jörg Kornbrust Victoria Johnson
    Reichweite des Auskunftsanspruchs nach Art. 15 Abs. 1 lit. c DSGVO, EuGH v. 12.1.2023 - C-154/21
    IT-Rechtsberater (ITRB), Feb 23, , S. 31-32
    Jörg Kornbrust Victoria Johnson
    Vergabe von Cloud-Diensten unter Einbindung US-amerikanischer Tochterunternehmen in der EU – Rechtsprechung OLG Karlsruhe v. 7.9.2022 - 15 Verg 8/2
    IT-Rechtsberater (ITRB), Nov 22, , S. 243-245
  • Events

Awards

The Legal 500 Recommended for IT and Digitalisation
since 2018