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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 31, 2006
Journal of Intellectual Property Law & Practice 2006 1(4):247-248; doi:10.1093/jiplp/jpl013
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Published by Oxford University Press. All rights reserved.

Current Intelligence

German Supreme Court stands firm on liability for unjustified warning letters

Steffen Steininger M Jur, (Oxon), Dr
Lovells, Munich

In one of its very rare decisions, the Grand Senate of the German Supreme Court has ruled that intellectual property right owners face damages claims if they issue warning letters in cases where there is no infringement and the claim has been brought at least negligently, thus putting an end to the tendency in some German courts—including the First Senate of the German Supreme Court itself—to lessen the liability of senders of unjustified warning letters.


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