Germany’s new Anti-Unfair Competition Law*

On July 3, 2004

The Bundestag passed the following law:

Chapter 1 General Provisions

Article 1 [Legislative Purpose]

This law aims to protect competitors, consumers and other market participants from unfair competition. This Act also protects the public's interest in free competition from distortions.

Article 2 [Definition]

(1) Within the meaning of this Act,

1. "Competitive behavior" refers to any behavior by a person that is intended to promote the purchase, sale or provision of goods or services, including real estate, rights or obligations, in a manner that is beneficial to one's own or another's business;

2. "Market participants" refers to all persons other than competitors and consumers who engage in activities as providers or demanders of goods or services;

3. "Competitor" refers to any operator who is in a specific competitive relationship with another or several operators as a provider or demander of goods or services;

4. "Message" refers to any kind of information that is exchanged or transmitted between a limited number of participants through open electronic communication equipment; it does not include information that is transmitted to the public through electronic communication networks as part of a radio and television service station , but only to the extent that the information cannot be linked to the identifiable participant or user who obtained the information.

(2) As for the concepts of consumers and operators, the provisions of Articles 13 and 14 of the German Civil Code shall apply mutatis mutandis.

Article 3 [Prohibition of Unfair Competition]

Unfair competition behavior is enough to harm competitors, consumers or other market participants and cause more than slight damage to competition. , is illegal.

Article 4 [Examples of Unfair Competition]

Unfair competition within the meaning of Article 3 is as follows:

1. Engage in competitive behaviors that are sufficient to infringe on the freedom of decision-making of consumers or other market participants by exerting pressure, using contempt for human beings, or through other inappropriate and false influences;

2. Engage in competitive behaviors that take advantage of consumers' (especially minors or teenagers) lack of transaction experience, gullibility, fear or embarrassment;

3. Disguise the advertising nature of competitive behavior;

4. When holding promotional activities such as discounts, bonuses or gifts, the conditions for enjoying the discounts are not clearly stated;

5. When holding promotional sales activities with advertising nature, the conditions for participation are not clearly stated;

6. Set consumers' purchase of goods or use of services as a condition for participating in prize sales, except where prize sales are, by their nature, linked to goods or services;

7. Disparaging or disparaging other competitors' marks, goods, services, activities, or personal or business relationships;

8. Claim or spread facts about other competitors' goods, services or enterprises or their operators or members of the enterprise's leadership that are sufficient to damage the operation of the enterprise or the credibility of the enterprise, but only to the extent that these facts cannot be proven to be true; if relevant If the facts involve confidential notification, and the notifier or recipient has a legitimate interest in the notification, unfair competition will only be constituted if the facts are claimed or spread contrary to the truth;

9. The goods or services provided by the perpetrator are counterfeit goods or services of other competitors, provided that:

a) It results in defrauding the purchaser as to the corporate origin of the goods or services, and such fraud can be avoided, or

b) improperly exploited or damaged the reputation of the goods or services being counterfeited, or

c) dishonestly obtained the knowledge necessary for counterfeiting or Information;

10. Targetedly hinder other competitors;

11. Violate legal provisions that are also designed to protect the interests of market participants and regulate market behavior.

Article 5 [Misleading Advertisement]

(1) Engaging in misleading advertising constitutes unfair competition within the meaning of Article 3.

(2) When evaluating whether an advertisement is misleading, all components of the advertisement should be considered, especially the following matters contained in the advertisement:

1. Characteristics of the goods or services, as well as availability, kind, realization, composition, procedure and time of making or providing, fitness for purpose, possibility of use, quantity, nature, geographical or corporate origin, or what can be expected from use Results, or the test results of goods or services and the main components of the test;

2. The motivation for selling and the price or method and method of calculating the price, as well as the conditions for supplying goods or providing services;

3. Commercial relations, in particular the type, nature and rights of the advertising actor, such as his identity and property, his moral ownership, his abilities or his awards or honors.

When evaluating whether the concealment of a certain fact is misleading, particular consideration should be given to the significance of the fact in deciding whether to conclude a contract from a transactional perspective, and whether the concealment is sufficient to have an impact on the decision.

(3) Matters within the meaning of paragraph 2 also include matters in the context of comparative advertising as well as graphic representations and other arrangements intended to and sufficient to replace such matters.

(4) If an advertisement is conducted with the content of lowering the price, it is presumed that the price reduction is misleading, but only to the extent that the price proposed by the perpetrator is only applicable for an inappropriately short period of time. In the event that there is a dispute as to whether the perpetrator proposed the price and within how long the price was proposed, the burden of proof shall be borne by the person engaged in advertising with the content of lowering the price.

(5) If, taking into account the type of goods and the form and dissemination of advertising, a certain commodity cannot meet the reasonably expected demand in appropriate quantities, advertising for such goods shall constitute attracting attention. misunderstanding. Under normal circumstances, two days of inventory is an appropriate quantity, but this does not apply if the operator proves that it is reasonable to keep less inventory. Sentence 1 shall apply for the purpose of advertising the service.

Article 6 [Comparative Advertising]

(1) Comparative advertising refers to any kind of product or service that directly or indirectly identifies a competitor or the goods or services provided by a competitor. advertise.

(2) Under the following circumstances, those who engage in comparative advertising constitute unfair competition within the meaning of Article 3:

1. The comparison does not involve goods or services that satisfy the same needs or achieve the same purpose (comparability)

2. The comparison does not objectively involve one or several essential, important, verifiable, typical properties or prices of these goods or services (core content)

3. Comparison causing confusion in commercial transactions between advertisers and competitors or between the goods or services they provide or the marks they use, (7. Misleading)

4. Comparing unfairly exploiting or damaging the reputation of marks used by other competitors (copying, belittling, slandering)

5. Compare or disparage other competitors’ goods, services, activities, personal relationships or business relationships, (7)

6. The comparison constitutes an imitation of goods or services sold by another under a protected sign. ()

(3) If the comparison is based on the supply of special prices or other special conditions, the time when the supply ends should be clearly marked. If this time does not apply, it should be clearly marked. The time when this supply starts. If the effective time of the supply is conditional on the inventory of the goods, this should be explained.

Article 7 [Harassment that is not reasonably expected]

(1) Harassing market participants in a way that is not reasonably expected constitutes unfair competition within the meaning of Article 3.

(2) Under the following circumstances, it can be considered to constitute harassment that is not reasonably expected:

1. Although it can be seen that the recipient does not welcome the advertisement, the advertisement is still carried out;

2. Making advertising calls to consumers without their consent, or to other market participants for advertising purposes without at least the presumptive consent of other market participants;

3. Using automatic answering phones, fax machines or emails for advertising without the permission of the counterparty;

4. Advertising with messages in which the identity of the sender of the message is masked or hidden, or the message does not contain a valid address from which the recipient can issue a request for adjustment of such information, and the recipient Issuing this request will not incur any additional charges other than the transmission fee stipulated in the basic rate.

(3) In the following circumstances, item 3 of paragraph 2 does not apply, and the use of e-mail for advertising does not constitute harassment that is not reasonably expected:

1. The operator obtains the customer's email address from the customer in the process of selling goods or services;

2. The operator uses the customer's email address for direct advertising of its own similar goods or services;

3. The customer did not object to the use of his or her email address;

4. When obtaining the customer's e-mail address and every time it is used, it is clearly stated to the customer that he can object to the use at any time and that no further objections will arise from the customer other than payment of the transmission charges specified in the basic rate. cost.

Chapter 2 Legal Consequences

Article 8 [Exclusion of obstruction and cessation of infringement]

(1) Anyone who violates the provisions of Article 3 may request for exclusion If there is a risk of re-offending, the offender may be requested to stop the infringement. When an infringement is about to occur, the right to request to stop the infringement arises.

(2) If the illegal act is committed by an employee or trustee of an enterprise, the right to request to cease infringement and to eliminate obstruction is also established with respect to the owner of the enterprise.

(3) The right to claim arising from paragraph 1 is enjoyed by the following entities:

1. Any competitor;

2. Groups with rights and capabilities aimed at promoting industrial and commercial interests or independent professional interests, provided that they include a large number of operators selling the same or similar goods or services in the same market, and their personnel, material equipment and financial The equipment has the ability to perform the tasks stipulated in its charter to realize industrial and commercial interests or independent professional interests, and the illegal conduct involves the interests of their members;

3. Qualified institutions, provided that they prove to be on the list provided for in Article 4 of the Code of Actions to Cease Infringement or on the list of competent bodies established by the European Commission in accordance with the Regulation on the Protection of Consumer Interests of the European Parliament and of the Council of 19 May 1998. Register in the list established by the Directive on the Cease of Actions for Infringement (EU Directive No. 98/27);

4. Industrial and commercial guilds or craft guilds.

(4) If all circumstances are taken into consideration, the claim referred to in paragraph 1 is an abuse of right, that is, if the main purpose of claiming the right is to require the illegal actor to compensate for the expenses or the costs of realizing the right, Then this claim of rights is illegal.

(5) Article 13 of the "Law of Proceedings to Stop Infringement" and the authorization to formulate regulations contained therein shall apply mutatis mutandis, provided that the provisions of Article 8, Paragraph 3, Items 3 and 4 of this Act apply mutatis mutandis. The person claiming the right to request for the cessation of infringement shall replace the litigant specified in Article 3, Paragraph 1, Items 1 to 3 of the Law on Proceedings for Cessation of Infringement, in order to have the right to claim in accordance with Article 8, Paragraph 3, Item 2 of this Act. The person who has the right to request for cessation of infringement replaces the litigant specified in Article 3, paragraph 1, item 2 of the "Act for Cessation of Infringement", and the right to request for cessation of infringement specified in Article 8 of this Act replaces the person who has the right to request for cessation of infringement. The right to request for cessation of infringement specified in Article 2. In addition, the Law on Actions to Stop Infringement does not apply.

Article 9 [Damages]

Those who intentionally or negligently violate the provisions of Article 3 shall be obliged to compensate competitors for the resulting damages. The person responsible for a periodic publication may only claim damages against the person responsible if he or she intentionally committed an illegal act.

Article 10 [Profit Collection]

(1) Whoever intentionally violates the provisions of Article 3 and thereby obtains profits at the expense of numerous purchasers shall be liable in accordance with Article 8, 3 Subjects under items 2 to 4 of this paragraph who have the right to claim the right to cease infringement have the right to require the perpetrator to turn over the profits to the federal finance.

(2) Payments that the debtor has provided to third parties or to the state based on illegal acts shall be deducted from profits. If the debtor provides such payment after fulfilling the request in paragraph 1, the federal competent agency shall return the collected profits to the debtor, but the amount of return shall be limited to the amount of payment that has been proved.

(3) If multiple creditors request the profits, the provisions of Articles 428 to 430 of the German Civil Code shall apply mutatis mutandis.

(4) The creditor shall provide the federal competent authority with the circumstances in which it asserts the claim specified in paragraph 1. They are entitled to have the federal authorities reimburse them for the costs of asserting the claim, to the extent that they are unable to obtain reimbursement from the debtor. The amount of the right to claim compensation is limited to the amount of profits that have been paid to the federal government.

(5) The competent authority within the meaning of paragraphs 2 to 4 is the Federal Administration; in this case the Federal Administration shall be subject to operational supervision by the Federal Ministry of Justice. Authorizes the federal government to enact regulations (without the consent of the Bundesrat) assigning the tasks of paragraphs 2 to 4 to another federal agency or other federal public agencies.

Article 11 [Extinguishment of Limitations]

(1) The right of claim arising from Article 8, Article 9 and Article 12, Paragraph 1, Sentence 2, shall have the right of expiration. for 6 months.

(2) The period of expiration of statute of limitations starts from

1. The right to claim arises, and

2. The calculation begins when the creditor becomes aware of the circumstances that gave rise to the claim and the debtor should have known it without gross negligence.

(3) The statute of limitations for the extinguishment of the right to claim for damages, regardless of knowledge or ignorance due to gross negligence, is 10 years from the time when the right arises, but the longest period shall not exceed 30 years from the time when the damaging act occurs. Year.

(4) The statute of limitations for the extinguishment of other claims, regardless of whether the person knew about it or did not know it due to gross negligence, is 3 years from the time when the right arises.

Chapter 3 Procedural Provisions

Article 12 [Realization of the right to claim, right to publish, reduction of the amount of litigation]

(1) Right to claim The person making a claim to cease infringement shall issue a warning to the debtor that litigation proceedings will be initiated and give the debtor an opportunity to resolve the dispute by issuing a letter of commitment to cease infringement with appropriate liquidated damages. If the warning is legitimate, you can claim necessary compensation.

(2) In order to preserve the various claims for cessation of infringement referred to in this Act, even if the requirements specified in Articles 935 and 940 of the Civil Procedure Code are not explained and proved (Darlegung und Glaubhaftmachung) , provisional sanctions may also be issued.

(3) When a lawsuit to stop infringement is filed under this Law, the court may grant the following authority to the winning party: subject to the winning party proving the existence of some legitimate interests, the judgment shall be published, and the publication fee shall be The losing party shall bear the responsibility. The judgment shall stipulate the method and scope of publication. If this authority is not exercised within three months after the judgment takes effect, this authority will be extinguished. The judgment (Ausspruch) in sentence 1 of this paragraph is not temporarily enforceable.

(4) When calculating the amount of the claim stipulated in Article 8, paragraph 1, if the nature of the case is simple and the scope is clear, or in view of its property relationship and income status, the case shall be determined by one of the two parties. If it seems unbearable for one party to bear the full amount of the lawsuit, it should consider reducing the amount of the lawsuit.

Article 13 [Miscellaneous Jurisdiction]

(1) All civil lawsuits asserting claims based on this law shall be under the exclusive jurisdiction of state courts. The provisions of Article 95, paragraph 1, item 5 of the Court Organization Law shall apply.

(2) Authorize state governments to promulgate regulations to determine one of the state courts as the court in charge of competition cases within the jurisdiction of several state courts, but this will be beneficial to the administration of competition cases, especially To the extent that it is conducive to ensuring the unity of the judiciary. State governments may delegate this authority to state judicial administration agencies.

Article 14 [Regional Jurisdiction]

(1) A lawsuit filed in accordance with this Law shall be under the jurisdiction of the court in the area where the defendant’s business or independent professional place of business is located. , or if there is no business office, the court shall have jurisdiction in the area where the defendant is domiciled; if the defendant also has no domicile, his place of residence in the country shall prevail.

(2) In addition, only the court at the place where the act is committed has jurisdiction over a lawsuit filed under this Act. For an action brought by a person who has the right to claim a right to cease infringement under Article 8, Paragraph 3, Items 2 to 4 of this Act, the first sentence stipulates that only if the defendant has no business or independent occupation in the country, This is only applicable if there is no place of business or residence.

Article 15 [Reconciliation Office]

(1) State governments shall establish reconciliation offices in industrial and commercial associations to resolve civil disputes in which claims can be made in accordance with the provisions of this law.

(2) The settlement office is composed of a chairman and several jurors; the chairman must have the qualifications to hold the position of a judge as stipulated in the German Judges Act. When an application is filed by a qualified institution that has the right to request a cessation of infringement in accordance with Article 8, Paragraph 3, Item 3, an equal number of operators and consumers shall serve as jurors. The Chairman should have expertise in the field of competition law. The President selects jurors for the relevant cases from a list prepared for each calendar year. The selection of jurors shall be subject to the consent of the parties concerned.

For the removal and rejection of members of the settlement office, the provisions of Articles 41 to 43 and Article 44, paragraphs 2 to 4, of the Civil Procedure Law shall apply mutatis mutandis. The state court (Commercial Division or, if there is no Commercial Division, Civil Division) with jurisdiction over the area where the settlement is located rules on the rejection of the application.

(3) In a civil dispute in which a certain right of claim is asserted in accordance with this Law, if the other party agrees, the party may apply for hearing at the Settlement Division. To the extent that the competitive behavior involves the interests of consumers, each party can apply to the Settlement Office to exchange opinions with the counterparty on the arrangement of the dispute involved; there is no need to obtain the consent of the counterparty.

(4) As for the jurisdiction of the settlement office, the provisions of Article 14 shall apply mutatis mutandis.

(5) The chairman of the settlement office may order the parties to appear in person. For parties who fail to appear without giving reasons, the Settlement Office has the right to determine an order fine. If you are dissatisfied with the order to appear in person and the determination of the order fine, you may file an immediate protest with the state court (Commercial Division, or if there is no Commercial Division, Civil Division) in the state court where the settlement office is located, in accordance with the provisions of the Code of Civil Procedure.

(6) Reconciliation should strive to promote friendly reconciliation. The Settlement Division may issue a written, reasoned settlement offer to the parties. A settlement proposal and its reasons may be published only with the consent of the parties.

(7) If a settlement is reached, the settlement must be made into a special written document, indicating the date when the settlement was reached, and signed by the members of the settlement office and the parties involved in the trial. The settlement agreement reached at the settlement office may be enforced; Article 797a of the Civil Procedure Law shall apply mutatis mutandis.

(8) If the Settlement Office believes that the claimed right of claim is not established from the beginning, or the Settlement Office believes that it does not have jurisdiction, it may refuse to hold a hearing.

(9) Requesting the Settlement Office to hear the dispute will interrupt the statute of limitations just like filing a lawsuit. If a settlement is not reached, the Settlement Office will determine the time when the procedure ends. The Chairman shall inform the parties of this fact.

(10) If a legal dispute referred to in the second sentence of paragraph 3 is brought to court without first requesting the settlement office to hear the case, the court may designate a new date and require the parties to request settlement before that date to promote amicable reconciliation. In proceedings concerning an application for the issuance of provisional sanctions, such an order can only be issued with the consent of the counterparty. The provisions of paragraph 8 do not apply. If proceedings have been initiated at the Settlement Office, it is illegal for the counterparty to file a lawsuit to confirm that the claimed claim does not exist after requesting a hearing from the Settlement Office.

(11) Authorize state governments to make regulations and promulgate regulations necessary to implement the above provisions and regulate the procedures conducted in the Settlement Office, especially with regard to the supervision of the Settlement Office and the composition of the Settlement Office (" Provisional Act on Chambers of Commerce and Industry, as amended, published in the Federal Law Gazette, Part III, Serial No. 701-1, Article 2, paragraphs 2 to 6), regarding the enforcement of order fines and the collection of advances by the Settlement Office regulations. When manning the members of the Conciliation Service, the recommendations of the consumer protection centers established in each federal state and funded by public funds for the designation of consumers referred to in the second sentence of paragraph 2, sentence 2, shall be taken into account.

Chapter 4 Penalty Provisions

Article 16 [Punishable Advertisements]

(1) To create the illusion of providing special preferential supplies. Whoever makes an advertisement that is misleading through untrue statements in a public notice or in a notice directed to a large number of people with intent to do so shall be punished with imprisonment for not more than 2 years or a fine.

(2) In commercial transactions, consumers are prompted to purchase goods, services or rights by promises, promising that if they prompt others to engage in similar transactions, they will receive payment from the organizer itself or a third party. Whoever obtains special benefits and, depending on the nature of such advertising, others can obtain the same benefits if they can further attract buyers at the next level, shall be sentenced to imprisonment for not more than 2 years or a fine.

Article 17 [Leaking trade secrets or operating secrets]

(1) As an employee in an enterprise, for the purpose of competition, for personal gain, or for the benefit of a third party If three persons, for profit or with the intention of harming the owner of the enterprise, leak to others without authorization the trade secrets or business secrets they have mastered or acquired during the employment relationship, they shall be sentenced to imprisonment of not more than three years or a fine.

(2) Anyone who commits any of the following acts for the purpose of competition, for personal gain, for the benefit of a third party, or for the purpose of harming the owner of the enterprise shall be punished as prescribed in the preceding paragraph Same punishment:

1. Obtaining or preserving trade secrets or operating secrets without authorization through the following methods:

a) using technical means,

b) making copies of the secret carrier, or

c) Steal items containing the secret, or

2. Unauthorized use or disclosure to others of trade secrets or business secrets obtained through the leakage referred to in paragraph 1 or through one's own or others' actions in accordance with paragraph 1, or otherwise obtained or preserved without authorization.

(3) Attempts are punishable.

(4) If the circumstances are particularly serious, the offender shall be sentenced to imprisonment of not more than 5 years or a fine. The circumstances are particularly serious, such as:

1. The perpetrator does this as a business,

2. The perpetrator knew that the secret would be used abroad when it was leaked,

3. The perpetrator himself carries out the utilization behavior specified in paragraph 2, item 2, abroad.

(5) The above-mentioned acts will only be dealt with upon complaint, except where the criminal prosecution agency believes that it should be investigated and dealt with in accordance with its duties because it has special public interests in criminal prosecution.

(6) The provisions of Article 5, Item 7 of the Criminal Code shall apply mutatis mutandis.

Article 18 [Use of Samples]

(1) For the purpose of competition or for private gain, samples or technical procedures obtained in commercial transactions are used without authorization, that is, Anyone who uses or leaks drawings, models, templates, cross-sections, or formulas to others shall be sentenced to imprisonment for not more than 2 years or a fine.

(2) Attempts are punishable.

(3) The above-mentioned acts will only be dealt with upon complaint, except where the criminal prosecution agency believes that it should be investigated and dealt with in accordance with its duties because it has special public interests in criminal prosecution.

(4) The provisions of Article 5, Item 7 of the Criminal Code shall apply mutatis mutandis.

Article 19 [Inducing Confidential Disclosure and Voluntary Confidential Disclosure]

(1) Attempting to dominate another person to implement Article 17 or 18 for the purpose of competition or for private gain Anyone who commits a criminal act or instigates others to engage in such acts shall be sentenced to imprisonment for not more than 2 years or a fine.

(2) For the purpose of competition or for private gain, actively express to commit the criminal act of Article 17 or 18, or accept such an expression from another person, or agree with another person to commit such act Anyone who commits such acts or instigates others to engage in such acts shall be punished in accordance with the provisions of the preceding paragraph.

(3) The provisions of Article 31 of the Criminal Code shall apply mutatis mutandis.

(4) The above-mentioned acts will only be dealt with upon complaint, except where the criminal prosecution agency believes that it should be investigated and dealt with in accordance with its duties because it has special public interests in criminal prosecution.

(5) The provisions of Article 5, Item 7 of the Criminal Code shall apply mutatis mutandis.

Chapter 5 Terminative Provisions

Article 20 [Amendment of Other Legal Provisions]

(1) "Food" of October 29, 1993 Act on Specialty Products (Federal Law Gazette, Vol. 1, page 1814, last adopted by regulation of November 25, 2003, Federal Law Gazette, Vol. 1, page 2304, as amended by Article 36) No. 3 The article is revised as follows:

1. In paragraph 1, replace "Article 13, paragraph 2" with "Article 8, paragraph 3".

2． In the second sentence of paragraph 4, replace "Article 852, paragraph 2" with "Article 203".

(2) "Law on the Organization of Courts" (version published on May 9, 1975, contained in the "Federal Law Gazette" Volume 1, page 1077, last passed as a law on June 24, 2004 , contained in the "Federal Law Gazette" Volume 1, page 1354, amendment to Article 2), in Article 95, paragraph 1, item 5, delete "the final consumer's injuries arising from Article 13a of the Anti-Unfair Competition Act" The right to claim is an exception, but it is limited to the absence of bilateral commercial activities in paragraph 1, item 1."

(3) "Criminal Procedure Code" (version published on April 7, 1987, contained in "Federal Law Gazette" Volume 1, pages 1074 and 1319, last published in June 2004 The law of 24th, contained in the "Federal Law Gazette" Volume 1, page 1354, amendment to Article 1) Article 374, paragraph 1, item 7, "Articles 4, 6c, 15, 17 Articles 18 and 20" are replaced by "Articles 16 to 19".

(4) Regarding the "Law of Proceedings for Cessation of Infringement" (version published on August 27, 2002, contained in pages 3422 and 4346 of Volume 1 of the Federal Law Gazette, last published in December 2003 The law of September 15, contained in the Federal Law Gazette, Volume 1, page 2676, amendment to Article 8), is revised as follows:

1. In Article 3, paragraph 1, item 2 is stated as follows:

“2. Groups with the right and ability to promote industrial and commercial interests or independent professional interests, but these groups shall be based on their personnel, material and Financially equipped, capable of actually fulfilling the tasks stipulated in its charter to realize industrial and commercial interests or independent professional interests, and, in the case of prosecution under Article 2, to the extent that these groups include large quantities of the same kind or products sold on the same market. Operators with similar goods or providing the same or similar services and the right of claim involves a certain behavior that affects the interests of its members and is sufficient to distort competition in a way that is not trivial;"

2． In paragraph 5, "Articles 23a, 23b and 25" are replaced by "Article 12, paragraphs 1, 2 and 4".

3. In Article 9, add “or recommend” after “use” in item 2, and add “or recommend” after “use” in item 3.

4. In Article 12, "Article 27a" is replaced by "Article 15".

5. In the second sentence of Article 13a, "Article 13, paragraph 7" is replaced by "Article 8, paragraph 5, first sentence".

(5) Trademark Law of October 25, 1994 (contained in the Federal Law Gazette, Volume 1, page 3082, Volume 1, 1995, page 156, Volume 1, 1996, page 156) 682 pages, last passed by law on May 5, 2004, contained in the Federal Law Gazette, Volume 1, page 718, Article 4, paragraph 33), revised as follows:

1. In Article 55, paragraph 2, item 3, Article 128, paragraph 1, and Article 135, paragraph 1, "Article 13, paragraph 2" is replaced with "Article 8, paragraph 3".

2． In Article 141, "Article 24" is replaced by "Article 14".

(6) "Criminal Code" (version published on November 13, 1998, contained in the Federal Law Gazette, Volume 1, page 3322, last adopted by law on December 27, 2003, In Article 301, paragraph 2, of the Federal Law Gazette, Volume 1, page 3007, Article 1), in Article 13, paragraph 2, items 1, 2 and 4, replace “Article 13, paragraph 2, items 1, 2 and 4” with “Article 8” Article 3, items 1, 2 and 4."

(7) "Beef Labeling Act" of February 26, 1998 (contained in the "Federal Law Gazette" Volume 1, page 380, last passed the regulations of November 25, 2003, contained in " Federal Law Gazette, Volume 1, page 2304, amendment to Article 162) is revised as follows:

1. In paragraph 1, "Article 13, paragraph 2" is replaced by "Article 8, paragraph 3".

2． In the second sentence of paragraph 4, replace "Article 852, paragraph 2" with "Article 203".

(8) In Article 1 of the "Regulations on Actions for Cessation of Infringement" of July 3, 2003 (contained in the Federal Law Gazette, Volume 1, page 2565), "Article 13, paragraph 7 ” is replaced by “Article 8, paragraph 5, first sentence”.

(9) "Regulations on Express Price Listing" (version published on October 18, 2002, contained in the Federal Law Gazette, Volume 1, page 4197) is revised as follows:

1 ． Article 1 is modified as follows:

a) In the first sentence of paragraph 1, delete “not contingent on granting a discount”.

b) The second and third sentences of paragraph 2 are as follows:

“If additional supply costs and shipping costs are incurred, the amount of the costs should be indicated. If in If the aforementioned fees cannot be indicated under certain circumstances, the specific details of the calculation of the fees should be indicated, so that the final consumer can easily calculate the amount of the fees based on these details. ”

2. In the first sentence of Article 2, Paragraph 2, delete the words "not contingent on the granting of a discount".

3. In the first sentence of Article 5, paragraph 1, replace “Article 1, paragraph 2” with “Article 1, paragraph 3”.

4． In the first sentence of Article 6, paragraph 1, replace "(Article 1, paragraph 4)" with "(Article 1, paragraph 5)"

5. Article 7, paragraph 4, is restated as follows:

“(4) If communication equipment can be used in catering enterprises and hotel enterprises, the price per minute or the price per time should be marked near the communication equipment. Use price.”

6. Article 9 is revised as follows:

a) Paragraph 2 is rephrased as:

“Article 1, paragraph 1, and Article 2, paragraph 1, shall not apply to individual price reductions. Concessions do not apply to general price concessions that are time-limited on a calendar day and announced through advertisements.”

b) Paragraph 5, item 1, and the original items 2 and 3 are repealed. , 4 items become items 1, 2, and 3.

7. Article 11 is repealed.

Article 21 [Restoring the unified hierarchy of laws and regulations]

The parts of laws and regulations mentioned in paragraphs 8 and 9 of Article 20 of this Law may be based on relevant authorizations. stipulates, and shall be amended by enacting regulations.

Article 22 [Enforcement, Expiration]

This Law shall come into effect on the day after the date of promulgation. "Law against Unfair Competition" (in Part III of the Federal Law Gazette, No. 43-1, published in its revised version, last passed into law on July 23, 2002, in Federal Law Gazette, Volume 1, No. 2850 page, amendments to Article 6) shall become invalid at the same time.

Directive No. 450 on the regulation of misleading advertising for the purpose of comparative advertising (European Union Gazette L No. 290, p. 18), as well as the transposition of the European Parliament and Council Directive 2002/58 of 12 July 2002 on the processing of data relating to individuals in electronic transactions and on the protection of the private sector (European Union Gazette L No. 201, page 37 ) of Article 13.

With regard to Directive 98/34 of the European Parliament and of the Council of 22 June 1998 on information procedures in the field of normative and technical regulations and on provision of services in the information society (adopted on 20 July 1998) Attention has been paid to the obligations set out in Directive 98/48 of the European Parliament and of the Council, as amended, contained in the European Commission Journal L No. 217, page 18).