Translation of "Gesetzes gegen den unlauteren wettbewerb" in English

Dissatisfied consumers should first of all approach the trader direct; then, if they do not obtain satisfaction, they should consult a local consumer assistance body such as the Citizens' Advice Bureau or a Trading Standards Department.

After all, the interests of consumers, according to Professor Ghidini, are permanently threatened in that they depend directly and 'technologically' on the system of production and are potentially in conflict with those of producers.

But the courts have developed an extensive body of case­law in interpreting the Unfair Competition Act (the UWG ­ last amended by the Introductory Act to the Penal Code (EGStGB) of 2 March 1974; BGBl.

At the request of certain groups of retailers, the German legislature included in Article 6(e) of the Gesetz gegen den unlauteren Wettbewerb (Law on unfair competition) the prohibition of advertising in which individual prices are compared.

Furthermore, by providing that the information referred to in Article 11 of Regulation No 2392/89 is the only information allowed for the description on the label of a quality wine psr, Article 12(1) leaves open the possibility of supplementing the description of a quality wine psr with a brand name.

In Kohl ? Ringelhan2the Court held that Article 30 of the EEC Treaty prevented the application of the legislation on unfair competition in an import­ing Member State, which it was argued prohibited the use of a distinctive symbol lawfully used in the Member State of export.

In Kohl ? Ringelhan2the Court held that Article 30 of the EEC Treaty prevented the application of the legislation on unfair competition in an import­ing Member State, which it was argued prohibited the use of a distinctive symbol lawfully used in the Member State of export.

Since the butter was to be offered to consumers in a package containing two packets of 250 grams (one containing fresh open­market butter and the other containing butter from stock which was to be labelled 'free EEC butter'), several rules of German law concerning unfair competition were infringed.

Since the butter was to be offered to con­sumers in a package containing two packets of 250 grams (one containing fresh open market butter and the other containing but­ter from stock which was to be labelled 'free EEC butter'), several rules of German law concerning unfair competition were infringed.

But the courts have developed an extensive body of case-law in interpreting the Unfair Competition Act (the UWG — last amended by the Introductory Act to the Penal Code (EGStGB) of 2 March 1974: BGBI.

In a case concerning the refusal of a film distribution company in a dominant position to supply a cinema, the reasoning concerned inter alia Article 82 of the EC Treaty, together with the accepted principle of morality within the meaning of the law on unfair competition (4Ob214/97).

If a third party makes a claim against Schmoll Maschinen GmbH due to the use, exploitation or duplication of the documents and templates provided by Buyer on grounds of copyright infringement and/or infringement of industrial property rights or due to a breach of the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb), Buyer shall support Schmoll Maschinen GmbH in defending such claims and shall compensate Schmoll Maschinen GmbH for all losses (including lawyers' fees and litigation costs) that the latter incurs.

Should claims be asserted against us concerning the utilisation, application or duplication of documents supplied by the customer, the violation of copyrights or commercial trademark rights and/or violation of legislation concerning unfair competition, the customer is obligated to provide support in our defence against these violation of rights and to reimburse us for all damages which we have thereby incurred including lawyers’ and litigation costs.

The protection of trade secrets is currently regulated in German law by the penal provisions of the Act against Unfair Competition (UWG) and the German Civil Code (BGB).

The manual already considers the reform of the German Act against Unfair Competition, which entered into force on Dec. 30th, 2008, and which transposes Directive 2005/29/EC concerning unfair commercial practices.

In times of increasing competitive pressures, many companies have no qualms about improving their competitive edge by using the law to protect themselves against unfair competition.

In the event that a claim for breach of copyright and/or intellectual property rights or for breach of unfair competition law is made against the Seller by a third party due to use, exploitation or reproduction of documentation and/or templates provided by the Customer, the Customer shall support the Seller in defending any such legal claim and shall reimburse the Seller for any damage incurred by the Seller, including lawyer’s fees and court costs.

If third parties make a claim against us relating to breach of copyright and/or breach of the German Law Against Unfair Competition, due to the use, exploitation or duplication of documents and drafts provided by the Buyer, then the Buyer must support us when defending these infringement of right claims and compensate us for any damages incurred (including lawyers‘ fees and costs of legal proceedings).

The decision of the Federal Court of Justice addresses questions relating to competition law in accordance with Paragraph 5a of the Act against Unfair Competition (UWG).

As the first exemption from the principle of priority, the “heidelberg.de” judgement established the rule, that the use of a domain-name fell within the area of application of § 12 BGB, since a domain name represented an individual name which is subject to the protection of § 12 BGB. Thus, there can be claims of clearing, forbearance and also compensation when the right to use a name is violated by the registration of a domain by a another, if the other person has neither a better right nor any right of the expression concerned (see LG Düsseldorf of. 22.9.1998 - 4 O 473/98).

In addition, the competition law will be brought in line with EU-rules and the law on unfair competition will be relaxed.

Others have tried to apply existing provisions of criminal law, unfair competition law or tort law.

This mainly concerns domain names, national rights on matters such as trade secrets (including know-how) and other acts frequently covered by national unfair competition law such as parasitic copies and other forms of 'competing on the edge of the law'.

The law against unfair competition was amended in the course of theyear to restrict certain types of advertising.

As soon as the Commission's Decision became known, several margarine manufacturers, relying inter alia on German legislation on unfair competition, sought an injunction from the civil and administrative courts of Frankfurt/ Main restraining the intervention organization (BALM) from carrying out the Decision.

In fact, the Federal Republic of Germany has adopted numerous legislative provisions enabling action to be taken against the unlawful use of a PDO, in particular the Law against unfair competition (Gesetz gegen den unlauteren Wettbewerb) of 7 June 1909 and the Law on trade marks and other distinctive signs (Gesetz über den Schutz von Marken und sonstigen Kennzeichen) of 25 October 1994 (BGBl. 1994 I, p. 3085).

The court concluded that the refusal to supply was in itself an infringement of the law on unfair competition.

The most recent ruling, made by the Frankfurt Oberlandesgericht (higher regional court) on 17 September in IMS v Pharma Intranet (PI) (32), found that IMS did not have standing to sue to assert copyright law claims, either in respect of acopyright or a sui generis right, but that it could assert a cease and desist claim for PI’s infringement ofthe German unfair competition act.

Specifically, competition law standardizes the law against unfair competition and protects competitors, consumers and other market players from unfair business practices.

Any contact aimed at customer acquisition by telephone or by electronic means takes place in accordance with Swiss law, in particular the Federal Act on Unfair Competition (UCA) and the Data Protection Act (FADP).

Competition is acknowledged as important factor of a free market economy, but German Unfair Competition law is known as one of the strictest in the world.

Every year, the LIDC organizes an international congress to examine questions related to competition (antitrust) law, intellectual property law and/or unfair competition.