Freedom of imitation
The principle of freedom from imitation means that goods or services that are not protected by property rights and therefore in the public domain may be imitated by competitors , unless the imitation is unfair in individual cases ( Section 4 No. 3 UWG). This principle is based on the assumption that technical progress is only possible if existing inventions can serve as a basis or inspiration for new products. If there were no freedom of imitation, progress would be hindered, since existing inventions can only be exploited with a corresponding license .
The principle of freedom from imitation finds its limits on the one hand in the protective provisions for intellectual property - this would include copyright as well as patent , utility model , design (previously: registered design) and trademark law , with which temporary usage rights are acquired or can arise -, on the other hand in competition law , especially the law against unfair competition (UWG).
It is controversial in the literature to what extent the protection of services under competition law is an exception to the principle of freedom from imitation. Although it is assumed that the property rights coexist, the ancillary protection under competition law requires more than mere imitation. Only through the existence of special accompanying circumstances does the act of imitation, or more appropriately even the placing on the market of such imitations, become an unfair act.
Individual evidence
- ↑ Hermann-Josef Omsels: Imitation online commentary on the UWG
- ↑ Nils Heide: Imitation as Unfair Competition Information Center Patents, accessed on January 16, 2016
