Placing on the market (PatG)

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In German patent law, placing on the market is an act reserved for the patent holder in accordance with Section 9 of the Patent Act (so-called right of prohibition ). This includes any act by which the entry of the patented product into commercial transactions is actually brought about, in that the patented product is actually transferred to the control of another person with the granting of one's own power of disposal.

Actual power of disposal

Only a physical object can be placed on the market; mere drawings are not sufficient. Actual effecting does not require any legal power of disposal, in particular no transfer of ownership and is accordingly also present in the case of rent or loan . Procurement of possession i. S. v. § 870 BGB is necessary, but not always sufficient. The feature is therefore not fulfilled when simply providing security, for example through a lien or assignment by way of security.

Entry into trade

Traffic in the sense of the regulation is not to be understood as transport traffic, but as commercial traffic, which deals with turnover and sales transactions. There is no entry into trade if the goods are merely advertised or advertised as long as no functional sample is handed over to a third party, nor in the case of goods being exported from abroad. On the other hand, it is placed on the market for exports from Germany to abroad.

literature

  • Georg Benkard (Ed.): Patent Act, Utility Model Act . 4th edition. CH Beck, Munich 2015, § 9 PatG.
  • Paul: "placing on the market" according to patent and trademark law . In: NJW . 1963, p. 980 .
  • Rudolf Kraßer (Ed.): Patent Law . 6th edition. CH Beck, Munich 2009, § 33 II 1 c.
  • Peter Mes (Ed.): Patent Act, Utility Model Act . 10th edition. tape 4 . CH Beck, Munich 2006, § 9 PatG.
  • Worm / Maucher: The transit - an infringing act? In: Communications from German patent attorneys . 2009, p. 445 .

Individual evidence

  1. ↑ a b c d e Uwe Scharen : PatG § 9 . In: Georg Benkard (Ed.): Patent Law, Utility Model Law . 4th edition. CH Beck, Munich 2015, Rn. 44.
  2. ↑ a b c Peter Mes: PatG § 9 . In: Patent Act, Utility Model Act . 10th edition. tape 4 . CH Beck, Munich 2006, Rn. 46-47.
  3. ↑ a b c Rudolf Kraßer: Patent Law . 6th edition. CH Beck, Munich 2009, § 33 II 1 c.