At a glance
- Competitors: actual loss or royalty
- Consumers have their own claim since 2022
- Information claims prepare quantification
An injunction stops future infringements. For damage already caused, the UWG provides claims for damages and information.
Damages for competitors (Section 9(1) UWG)
Whoever intentionally or negligently engages in an unfair practice must compensate competitors. Negligence is generally assumed for businesses. The actual loss including lost profits must be proven. In cases close to IP rights, especially imitation, the claimant may instead choose a reasonable royalty or the infringer’s profits.
Damages for consumers (Section 9(2) UWG)
Since 28 May 2022, consumers who were induced to make a decision they would not otherwise have made can claim damages – except for breaches of Sections 3a, 4 and 6 and Annex no. 32. Limitation: one year.
Case examples
A furniture maker claims damages for imitated chairs and calculates them as a notional licence fee, based on the infringer’s disclosed sales.
A buyer of a heater advertised as saving “up to 70 %” electricity can claim damages under § 9(2) UWG.
Injunctive and damages claims become time-barred six months after knowledge (§ 11(1) UWG).
Information and skimming-off
The injured party has an ancillary claim to information about the scope, period and turnover of the infringement. Associations can claim intentionally obtained profits for the federal budget (Section 10 UWG).
| Claim | Limitation |
|---|---|
| injunction and competitor damages | 6 months from knowledge |
| consumer damages | 1 year |
| maximum for damages | 10 years from accrual, 30 years from the act |
