Assess copying, confusion about origin and unfair marketing alongside registered IP.
No general ban on similar products
Copying alone is not always unlawful. Supplementary protection under German unfair competition law requires its own conditions. Competitive individuality and additional circumstances, such as avoidable confusion about origin or unfair exploitation of reputation, may be decisive.
Rights and evidence
An expired registered right cannot automatically be extended through unfair competition law. A particular marketing practice may nevertheless create additional claims. Review comparison products, market recognition, development history and sales channels. Those facing a claim should document independent development and relevant differences.
Official sources
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