Alfred Bergmann (judge)

Alfred Bergmann (born July 13, 1953 in Essen ) is a German lawyer . He was a lawyer at the Federal Court of Justice and was a federal judge from 2002 to February 2017 , and from November 2010 he was the presiding judge of the Second Civil Senate of the Federal Court of Justice .

Life

After graduating from high school at Burggymnasium Essen and completing his military service, Bergmann studied law at Ruhr University Bochum and Philipps University Marburg , where he initially worked as a research assistant after passing the first state law examination in 1978 . He completed his legal preparatory service in the district of the Frankfurt Higher Regional Court . In 1982 he received his doctorate and passed the second state examination in law. From 1983 to 1987 he was a university assistant at the Institute for Criminal Science at the University of Marburg, and from 1987 a lawyer and research assistant for lawyers at the Federal Court of Justice . In June 2000 he himself was admitted to the bar at the Federal Court of Justice.

With his appointment as judge at the Federal Court of Justice on July 29, 2002, he "swapped" according to his own phrase "the sides". It was the first time that a lawyer licensed by the Federal Supreme Court was appointed a federal judge. He was the IX. Civil Senate of the Federal Court of Justice and, from December 1, 2003, assigned to the First Civil Senate of the Federal Court of Justice , which is responsible for copyright , competition law and industrial property rights , and of which he was Deputy Chairman from November 2007. From November 2010 he was presiding judge of the 2nd civil senate of the Federal Court of Justice. From July 1, 2009 he was also a member of the Cartel Senate of the Federal Court of Justice.

In February 2017, Bergmann entered judicial retirement.

Since 2005 Bergmann has also been a lecturer at Johannes Gutenberg University Mainz . The fields of law of antitrust law , competition law and commercial legal protection form the subject of his courses.

Fonts (selection)

• The injustice of coercion (§ 240 StGB), 1983 (dissertation)
• Commentary on § 1 UWG (protection of competitors - competitor-related unfairness), in: Großkommentar zum UWG, 1st edition 1991 (with Hans. E. Brandner) ISBN 978-3-11-010149-2
• Commentary on §§ 84, 135, 136, 138 InsO , in: MünchKommInsO, 2nd edition 2007/08 (with Stodolkowitz) ISBN 978-3-406-55092-8
• Preliminary. to §§ 8 ff .; Commentary on § 8 UWG Rn. 1 to 85, marginal no. 239 ff .; § 9 UWG Rn. 138 ff., In: Harte-Bavendamm / Henning-Bodewig, UWG, 2nd edition 2009 ISBN 978-3-406-56601-1
• Rescission action and registration lock, in: Festschrift für Gerold Bezzenberger , 2000, ISBN 978-3-11-016503-6 , p. 59 ff. (With Hans. E. Brandner)
• The donation of company shares, in: Festschrift for Walter Sigle , 2000, ISBN 978-3-504-06208-8 , p. 327 ff. (With Hans. E. Brandner)
• On the admissibility of "law-repeating" injunctions, in: Festgabe für Otto Teplitzky , WRP 2000 , p. 842 ff. (With Hans. E. Brandner)
• On the allocation of share issues to private investors, in: Festschrift für Martin Peltzer , 2001, ISBN 978-3-504-06025-1 , p. 17 ff. (With Hans. E. Brandner)
• On the range of the exhaustion principle when transmitting copyrighted works online, in: Festschrift für Willi Erdmann , 2002, ISBN 978-3-452-25191-6 , p. 17 ff.
• Problems of proof in legal transactions on the Internet, in: Gedächtnisschrift für Dieter Meurer , 2002, ISBN 978-3-89949-016-9 , p. 643 ff.
• The administrative authority of the insolvency administrator over a GmbH share belonging to the insolvency estate, in: Insolvenzrecht im Wandel der Zeit, Festschrift für Hans-Peter Kirchhof , 2003, ISBN 978-3-89655-143-6 , p. 15 ff. (Also printed in : ZInsO 2004, 225)
• The indicator in insolvency, in: Debt, Liability, Enforcement, Insolvency, Festschrift for Gerhart Kreft , 2004, ISBN 978-3-89655-169-6 , pp. 207 ff.
• The goods as a brand, in: Baudenbacher / Simon (ed.), Latest developments in European and international intellectual property law, 2005, ISBN 978-3-7190-1923-5 , p. 231 ff.
• The authorization of private reproduction, in: Festschrift für Eike Ullmann , 2006, ISBN 978-3-938756-10-2 , p. 23 ff.
• A decade of German jurisprudence on trademark law - developments and perspectives, GRUR 2006, 793 ff.
• Legal use of trademarks, MarkenR 2009, p. 1 ff.
• On the alternative and cumulative justification for the cease and desist motion , in Festschrift for Klaus-Jürgen Melullis , GRUR 2009, 224 ff.
• Directive-compliant interpretation in the law of unfairness using the example of misleading by omission according to § 5a UWG, in: Festschrift für Achim Krämer , 2009, ISBN 978-3-89949-558-4 , p. 163 ff.

Web links

• Profile on the website of the University of Mainz

Individual evidence

1. ↑ Press release of the BGH No. 222/2010 v. 17th November 2010
2. ↑ ^{a b} Indat-Report 2003, p. 12: “I simply swapped sides”. (PDF; 61 kB) (No longer available online.) Formerly in the original ; Retrieved July 13, 2010 .  ( Page no longer available , search in web archives )  
3. ↑ NJW 13/2017 Personal details