The government bill tightens the requirements that must be met before copyright protection claims can be made. This is intended to stem the wrongful use of written warnings. Under the provisions of the new bill, economic associations will only be permitted to issue warnings when they have been checked out by the Federal Office of Justice and listed as an association entitled to bring proceedings.

Fewer financial incentives to issue warnings

Copyright protection warnings are to become more transparent, and it is to be made easier to bring counter-claims. The aim is to significantly improve the protection afforded by the law against wrongful use of written warnings. In particular small and medium enterprises are to be better protected.

Competitors will no longer be able to issue costly cease-and desist letters where they perceive breaches of identification and information obligations on the internet, nor will they be able to demand payment of a contractual penalty on the first issuing of a written warning.

Better protection for recipients of written warnings

What is sometimes termed the flying place of jurisdiction is to be restricted. Recipients of written warnings need no longer fear proceedings in front of every court in the Federal Republic of Germany because of legal infringements on the internet.

Introduction of a repair clause

To enhance competition on the market, design law is also to be restricted and a repair clause introduced for what are known as visible individual parts for purposes of repair, such as spare parts for cars. This regulation will open up the market for specifically formed spare parts such as car body parts and headlights.