Monday 1 December 2014

Presentation on Specialist Congress is no Offering for Sale- LG Düsseldorf 2 U 3/14 - Warmpressumformung

Junior Specialist Congress
An representative of defendant in the case "Warmpressumformung" hat presented information on and advantages of products covered by a German utility model on a specialist congress.  
The plaintiff submitted that this presentation amounted to an offer for sale.

The court points out that the congress was announced as a forum for interested circles for information on the state of development of various enterprises and in relation to new applications in lightweight car body engineering. The presentation was therefore considered as information on development in progress and not as an immediate preparation of a sale (as was the case e.g. in the decision „Kunststoffbügel“ (BGH, GRUR 2006, 927).

The German Text of the decision can be found under the following Link.

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