Unterlassungsanspruch

Unterlassungsanspruch, often translated as a claim for injunctive relief or a cease and desist claim, is a legal concept in German law. It refers to the right of a party to demand that another party refrain from performing a certain action or to cease an ongoing action that infringes upon their rights. This claim is primarily rooted in civil law, particularly in the German Civil Code (Bürgerliches Gesetzbuch, BGB).

The purpose of an Unterlassungsanspruch is to prevent or stop unlawful conduct that causes harm or threatens to cause harm. It is a preventative and remedial measure. Common areas where this claim arises include intellectual property rights (e.g., copyright infringement, trademark violations), personality rights (e.g., defamation, invasion of privacy), and competition law (e.g., unfair business practices).

To successfully assert an Unterlassungsanspruch, the claimant typically must demonstrate that an unlawful act has occurred or is imminently threatening. They must also show that they have a legal right that is being violated or is at risk of being violated. The court can then issue an injunction, ordering the infringing party to cease the unlawful activity. Failure to comply with such an injunction can lead to further penalties, such as fines or even imprisonment. This legal tool is crucial for protecting individual and corporate rights in Germany.