When is a product "Made in Germany"?

In its decision of 17.8.2021 - 6W 84/20, the Higher Regional Court of Frankfurt had to deal with the question of when a product may be described as Made in Germany.

Trader advertises solar modules manufactured abroad as Made in Germany

The company claimed by a competitor manufactures solar modules. On the website of the claimed company, the manufactured solar modules are displayed and advertised. Among other things, the solar modules are depicted next to a black-red-gold flag and are labelled with the words "Germany - A - Quality Standard", "German company - we vouch for the quality of the modules we produce", "AB - A has been producing solar modules in German engineering quality since 2004. From its headquarters (in Germany), A supplies and installs solar elements worldwide".

In fact, however, all but the last manufacturing step is done abroad.

OLG Frankfurt: Misleading consumers through false indication of origin

In its decision, the Higher Regional Court makes it clear that advertising a product manufactured almost entirely abroad as "Made in Germany" is misleading. This is because the idea created by the claim "Made in Germany" does not correspond to the truth. Even if small parts of the production were made in Germany, this was not sufficient to advertise the solar modules entirely as "Made in Germany".

The prerequisite for a claim "Made in Germany" is that the product to be produced is manufactured in Germany with regard to the essential and quality-relevant components and product-specific properties.

Consumers are used to products being produced partly abroad and partly in Germany. However, in order to be considered "Made in Germany", the product must have the quality and characteristic features in Germany. In the case of the solar modules, however, only the very last production step was carried out in Germany, the rest outside Germany, even outside Europe. The solar modules were therefore not "Made in Germany".

GoldbergUllrich Lawyers 2021

Attorney at Law Christopher Pillat, LL.M. (Intellectual Property Law)

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