B. German Law and Störerhaftung (Interferer) Liability
German law takes different approach than English law and provides general rule for…
Having said that, German law does not deprive from rules that impose a duty of care…
As it can be seen, German law does not provide the rules in general manner. It deals…
Störerhaftung liability is established within S.862 and S.1004 of the BGB as a property law rule and in the simplest terms these sections deal with disturber’s unlawful interference to possession and entitle the proprietor to the right to ask the disturber to remove the disturbance or implement a prohibitory injunction against any further interference. More…
These cases are brought before the courts by trade mark owners claiming online auction…
In Internet Auction I, the German Court of appeal examined if concerned website had wilfully contributed to its’ users infringing activities. It was held that there was no such contribution as its operation was merely hosting. However, the German Federal Court of Justice (Bundesgerichtshof) (the BGH) disagreed and assessed the liability through the duty to investigate test which has been used interchangeably with the term duty of care in doctrine. It was stated that in order to hold third party liable as an interferer, third party must violate its duty to investigate on the part of the perpetrator. …
Further to that in Internet Auction II, it was held that intermediaries are not expected and should not be required to undertake unreasonable
Leaving the test of reasonableness and ambiguity on the matter aside, what can be…
In light of these, it could be difficult to argue that imposition of a duty of care…
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LEXI size zaman kazandırır. Sonuç analizi, doküman asistanı ve araştırma modlarıyla LEXPERA içeriğine erişiminizi kolaylaştırır.
