Germany "Anti-unfair competition Law"

2004 years 7 month 3 day

The Bundestag passed the following law:

Chapter 1 General provisions

Article 1 [Legislative purpose]

This law is designed to protect competitors, Consumers and other market participants are protected from unfair competition. The Act also protects the public interest in freedom from distorted competition.

Article 2 [definition]

1．In the meaning of this law,

(1) "Competitive behavior" , Any act by a person to promote goods or services in a way that benefits his or her own or another's business, including real estate, The act of buying or selling or offering a right or obligation;

(2) "Market participant" , Refers to all other than competitors and consumers as a commodity or service providers or demanders engaged in activities;

(3) "competitor" , Refers to any one as a commodity or service provider or demander and another or a number of operators in a specific competitive relationship;

(4) "message" , Means any information exchanged or transmitted between a limited number of participants through an open electronic communication device; Information transmitted to the public through electronic communication networks as part of radio and television service stations is excluded, Provided that the information cannot be associated with an identifiable participant or user who has obtained the information.

(2) The concept of consumers and operators, permissive "German civil code" The first 13 Articles and regulations 14 Provision of article.

Article 3 [Unfair competition is prohibited]

Acts of unfair competition, If enough to harm the competitor, Consumers or other market participants who cause non-minor disruption to competition, Be illegal.

Article 4 [Examples of unfair competition]

Article 3 Acts of unfair competition in the meaning of the term, I. e:

1．Engage those enough to apply pressure, In a disdainful manner or through other inappropriate and disingenuous influence, Competitive practices that infringe upon the freedom of decision of consumers or other market participants;

2．Engage consumers enough to take advantage of them (Especially minors or teenagers) Lack of trading experience, credulity, The competitive act of fear or embarrassment;

3．The nature of advertising that disguises competition;

4．In holding such a sale, Promotional activities with gifts or freebies, Not explicitly giving preferential terms;

5．When conducting promotional sales activities of an advertising nature, Not explicitly stating the terms of participation;

6．Make the purchase of goods or the use of services by consumers conditional on their participation in the prize sale, But the prize sale by its nature is

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Except those associated with goods or services;

7．Trademarks that disparage or denigrate other competitors, commodity, service, activity, Or personal or business relationships;

8．For other competitors' goods, A member of a service or business or its operator or leadership, Claim or spread

A fact that is damaging to the operation of a business or to the credit of a business, But only so long as the facts cannot be proved true; If the facts are relevant

And confidential notices, And the notifier or recipient has a legitimate interest in the notice, Only in violation of the truth of the claim or

Spread these facts around, To constitute unfair competition;

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