Topics: offer
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LD Duesseldorf, July 3, 2026, order on penalty payments, UPC_CFI_723/2025
Broad concept of “offering” pursuant to Art. 25(a) UPCA: The term “offering” must be interpreted autonomously and in an economic sense. It is sufficient to present an item so that a viewer can make an offer to acquire it (invitatio ad offerendum). Thus, neither price indication nor ability to deliver is required. The Court expressly…
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Court of Appeal, October 3, 2025, Decision Regarding Infringement and Counterclaim for Revocation, UPC_CoA_534/2024, UPC_CoA_19/2025, UPC_CoA_683/2024
“Offering” according to Art. 25. a) UPCA: The term “offering” within the meaning of Art. 25 a) UPCA is to be interpreted autonomously. Offering is to be understood in the economic sense and is not to be based on the legal understanding in the sense of a binding contractual offer. The offer therefore need not…
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LD Düsseldorf, 18 October 2023, order of penalty payment, UPC_CFI_177/2023
The amount of a penalty payment shall be determined (i) to take account of the creditor’s interest in the enforcement of the order not complied with by the debtor, and (ii) to deter the debtor from future violations. The penalty payment shall primarily be determined in view of the debtor and its (past) conduct: If…
5 min Reading time→
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