Enforcing a cease-and-desist order in Germany


Jens Künzel

Under German law, a request for a party to cease and desist committing an intellectual property infringement or an act of unfair competition can be remedied only by a binding declaration to cease and desist or an express undertaking to pay a contractual penalty for each competition breach.

cease & desist, eBay, copyright infringement, unfair competition, EU Enforcement Directive, Germany Federal Supreme Court