The German template is available on the German page. Key elements:
- “without acknowledging a legal obligation, but legally binding” – removes the risk of repetition without admitting the infringement
- specific form of infringement – “as shown in the annex” limits the undertaking to the challenged design and essentially identical variations
- penalty under the new Hamburg custom – the creditor sets the amount at its reasonable discretion, subject to court review
- no acknowledgment of costs – costs and damages are examined separately
- delivery within the deadline by email or fax, original by post
- implementation – the infringement must be removed everywhere you have influence
More: Cease-and-desist declaration and contractual penalty
Case examples
Declaration without penalty
Striking the penalty clause leaves the risk of repetition in place, except in the special cases of § 13a(2) UWG.
“Without acknowledging a legal obligation”
This customary addition keeps the cost question open without weakening the declaration.
Use-up period
A manufacturer with 50,000 printed boxes agrees a three-month use-up period for goods already delivered.
