Act Against Unfair Competition in the version published on 3 March 2010 (Federal Law Gazette I p. 254), as last amended by Article 4 of the Act of 17 February 2016 (Federal Law Gazette I p. 233) 德国反不竞争法 (节选译文) Chapter 1 General provisions Section 1 Purpose of the Act This Act shall serve the purpose of protecting competitors, consumers and other market participants against unfair commercial practices. At the same time, it shall protect the interests of the public in undistorted competition. Section 2 Definitions (1) Within the meaning of this Act the following definitions shall apply: 1. “Commercial practice” shall mean any conduct by a person for the benefit of that person’s or a third party’s business before, during, or after, the conclusion of athe procurement of goods or services, or with the conclusion or the performance of a contract concerning goods or services; “goods” shall be deemed to include immovable property as well, and “services” also rights and obligations; 2. “Market participant” shall mean, in addition to competitors and consumers, any person who supplies or demands goods or services; 3. “Competitor” shall mean any person who has a concrete competitive relationship with one or more entrepreneurs supplying or demanding goods or services; 4. “Communication” shall mean any information that is exchanged or passed on among a finite number of participants via a publicly accessible electronic communications service; this shall not include information that is passed on to the public as part of a broadcasting service via an electronic communications network, so far as such information cannot be linked with an identifiable participant or user receiving it; 5. “Code of conduct” shall mean an agreement or set of rules which defines the conduct of entrepreneurs who have undertaken to be bound by the code in relation to business sectors or individual commercial practices, without such obligations having been imposed by statutory or administrative provisions; 6. “Entrepreneur” shall mean any natural or legal person engaging in commercial practices within the framework of his or its trade, business, craft or profession and anyone acting in the name of, or on behalf of, such person; ........... 下载附件 下期预告 德国商标法 官方微信公众号 |