to be promised or accepts presents or other advantages in order that he through improper conduct may give another a preference in the supply of goods or industrial services.

In the judgment, the thing received or its value is to be declared forfeited to the State.

Section 13. In the cases of Sections 1 and 3 the action to desist can be brought by every manufacturer who produces goods or services of a like or related kind, or handles them in trade, or by associations for the promotion of industrial interests, in so far as the associations as such can sue in civil litigation. These manufacturers and associations can also bring an action to desist against those who violate Sections 6, 8, 10, 11 and 12.

For compensation of the damage arising from the violation is responsible:

(1) Whoever in case of Section 3 knew or should have known the incorrectness of the statements made by him. Against editors, publishers, printers or distributors of printed periodicals, the claim for compensation of damage can be made effective only if they knew the incorrectness of the statements.

(2) Whoever intentionally or negligently violates Sections 6, 8, 10, 11 and 12.

If acts which are not permitted according to Sections 1, 3, 6, 8, 10, 11 and 12, are committed in a business establishment by an employee or representative, the action to desist therefrom may also be brought against the owner of the establishment.

Section 14. Whoever for the purpose of competition asserts or circulates facts concerning the business of another, concerning the personality of the owner or manager of the business, concerning the goods or industrial services of another, which are adapted to injure the operation of the business or the credit of the owner, is bound, in so far as the facts are not demonstrably true, to make compensation for the damage arising therefrom. The injured party may also demand that the assertion or circulation of the facts cease. If it relates to confidential communications and if the communicant or the recipient of the communication has a rightful interest therein, then the action to desist is only permissible when the facts are asserted or circulated contrary to the truth. The claim for compensation of damages can be made only if the communicant knew or should know the incorrectness of the facts.

The provisions of Section 13, paragraph 3, have corresponding application.

Section 15. Whoever against better knowledge asserts or circulates facts contrary to the truth concerning the business of another, concerning the personality of the owner or manager of the business, concerning the goods or industrial services of another, which are adapted to injure the operation of the business is punished with imprisonment up to one year and with a fine up to 5000 marks, or with one of these penalties.

If the facts specified in paragraph 1 are asserted or circulated by an employee or representative in a business establishment, then the owner of the establishment, besides the employee or representative, is punishable, if the act happened with his knowledge.

Section 16. Whoever in business dealings uses a name of a person, a firm name or the special designation of a business establishment,

of an industrial undertaking or of printed matter in a manner which is adapted to produce confusion with the name, firm name or special designation, which another properly uses, may be made subject by the latter to an action to desist from such use.

The user is bound to compensate the injured party for damages if he knew or ought to know that the improper kind of use was adapted to produce confusion.

Equivalent to the special designation of a business establishment are such business insignia and other distinctive fittings for distinguishing the establishment from other establishments which are used within the business circles affected as marks of distinction of a business establishment. For the protection of trade marks and the dress of goods (Sections 1 and 15 of the Law for the Protection of Trade Marks of May 12, 1894, Imperial Gazette, p. 41), these provisions have no application.

The provisions of Section 13, paragraph 3, have corresponding application.

Section 17. Whoever as employee, laborer or apprentice of a business establishment, for the purpose of competition or with the intention to do injury to the owner of the business establishment, imparts to others without authority commercial or manufacturing secrets which are confided to him on account of his employment or otherwise have become accessible to him during the period of employment, is punished with imprisonment up to one year and with a fine up to five thousand marks or with one of these penalties.

Like penalties affect him who, without authority, for the purpose of competition makes a profit from or imparts to another commercial or manufacturing secrets, the knowledge of which he acquired through one of the means of communication specified in paragraph 1. or through his own act, contrary to law or in a manner repugnant to good morals.

Section 18. Whoever without authority, for the purpose of compe tition, makes a profit from or imparts to another plans or rules of a technical character, especially drawings, models, patterns, dress patterns, or recipes, which are confided to him in business dealing, is punished with imprisonment up to one year and with a fine up to five thousand marks or with one of these penalties.

Section 19. Acts contrary to the provisions of Sections 17 and 18 obligate furthermore compensation for the injury arising there from. Several obligors are responsible as joint debtors.

Section 20. Whoever for the purpose of competition undertakes to induce another to do an act contrary to the provisions of Section 17. paragraph 1, and Section 18, is punished with imprisonment up to nine months and with a fine up to 2000 marks or with one of these penalties.

Section 21. The action to desist or for compensation for injury specified in this law is outlawed within six months from the time in which the person entitled to the action acquires knowledge of the act and of the person liable, and, without regard to this knowledge, within three years from the committing of the act.

For the claims to compensation for injury the period of prescription does not begin before the time in which an injury arose.

Section 22. Criminal prosecution takes place, with the exception of the cases specified in sections 6, 10 and 11, only upon complaint. In

the cases of sections 4, 8 and 12 every manufacturer and association specified in section 13, paragraph 1, has the right to make the complaint.

The withdrawal of the complaint is permissible.

Punishable acts, whose prosecution occurs only upon complaint, can be prosecuted by way of private suit by those qualified to make the complaint, without requiring a previous complaint to the State prosecuting officers. Public complaint is made by the State prosecuting officers only if this is in the public interest.

If prosecution occurs by way of private suit, then the "Schoffen courts have jurisdiction.

Section 23. If in the cases of sections 4, 6, 8 and 12, a penalty is adjudged, then it may be ordered that the condemnation be made publicly known at the cost of the culprit.

If in the cases of section 15 a penalty is adjudged, then the injured party is allowed the right to have the condemnation made publicly known within a definite time at the cost of the condemned person.

Upon request of the accused who has been acquitted, the Court may order the public announcement of the acquittal; the State treasury bears the cost in so far as the same is not imposed on the accuser or the private complainant.

If upon the basis of one of the provisions of this law an action to desist is brought, then the successful party may be granted in the judgment the right to have the decree part of the judgment made publicly known within a definite period at the cost of the defeated party.

The manner of the announcement is to be determined in the judg

ment.

Section 24. For complaints upon the basis of this law the court in whose district the defendant has his business establishment, or in absence of that, his domicile, has exclusive jurisdiction. For persons who have neither a business establishment nor domicile within the country, the court of the place of sojourn within the country, or when such is not known, the court in the district in which the act occurred, has exclusive jurisdiction.

Section 25. For enforcing the actions to desist specified in this law temporary orders may be made, even if the prerequisites specified in sections 935 and 940 of the Code of Civil Procedure do not apply. The District Court also has jurisdiction within whose district the dealings occurred upon which the action is based; besides the provisions of section 942 of the Code of Civil Procedure apply.

Section 26. Besides a penalty inflicted in accordance with this law, upon demand of the injured party, a money fine, to be paid to him, may be adjudged up to the amount of ten thousand marks. For this fine those condemned thereto are responsible as joint debtors. An adjudged fine excludes the right to make further claims for compensation for damages.

Section 27. Civil suits, in which, by complaint, an action is brought on the basis of this law, in so far as the State courts have original jurisdiction, belong before the chambers for business cases.

In civil suits, in which, by complaint or counter complaint, an action is brought on the basis of this law, the proceedings and decision

1 Courts of inferior jurisdiction having one professional and two lay judges or assessors.

in the last instance, according to section 8 of the introductory law to the law for the organization of the courts, are referred to the Imperial Court.

Section 28. Whoever does not possess a principal place of business within the country has a claim to the protection of this law, only in so far as, in the State in which his principal place of business is found, German manufacturers enjoy a corresponding protection, according to an announcement contained in the Imperial Gazette.

Section 29. What authorities in each federal State are to be understood under the designation of superior administrative authorities. in the meaning of this law is determined by the central authorities of the federal States.

Section 30. This law takes effect October 1, 1909.

At that time the Law for Preventing Unfair Competition of May 27, 1896 (Imperial Gazette, p. 145), ceases to have force.

Authenticated under our own august signature and affixed imperial

seal.

Issued at New Palace, June 7, 1909.

[SEAL.]

WILLIAM.

VON BETHMANN HOLLWEG.