Exclusion of a Liability of a Business Owner for Competitive Acts of Third Parties.

Exclusion of a Liability of a Business Owner for Competitive Acts of Third Parties.

Journal article

1 online resource (pages 1177–1181)

Act against Unfair Competition, Sec. 8(2) ‒ Haftung für Affiliates [Liability for Affiliates] Official headnotes (translated from the German by David Wright) a) The intrinsic reason for attributing the business activity of the agent pursuant to Sec. 8(2) Act against Unfair Competition lies primarily in an extension of the business operation benefiting the owner of the business and a certain control of the risk area by this owner (following from decision of the Federal Supreme Court, 7 October 2009 – I ZR 109/06, GRUR 2009, 1167 [juris para. 21] = WRP 2009, 1520 – Partnerprogramm, with further references). b) If affiliates develop their own products or services, the content of which they design at their own discretion and use to earn commission from various providers, the advertising via the affiliate link is part of the product, the content of which is designed by the affiliates under their own responsibility and in their own interest. The links are only placed by them in order to generate commission to their benefit. Such an affiliate’s own business operation does not constitute an extension of the business operation of the owner of the business.

Crossref

GRUR International, 2632-8550 ; 72, 12, 2023.

[Oxford, England] : Oxford University Press (OUP), 2023

Anglais

https://academic.oup.com/grurint/article/72/3/231/6998505

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