Volume: 3 Issue: 2

Queen Mary Journal of Intellectual Property

The aspects of unfair competition within the Apple v Samsung litigation in Germany

Oberlandesgericht Düsseldorf, Urteil vom 31.01.2012, I-20 U 175/11, Landgericht Düsseldorf, Urteil vom 09.02.2012, 14c O 292/11 and Oberlandesgericht Düsseldorf, Urteil vom 24.07.2012, 20 U 35/12

Marc D Mimler * *

Keywords: iPad, Samsung, Apple, tablet computers, unfair competition law, Germany


The litigation between Apple and Samsung on alleged infringement of intellectual property (IP) rights has reached a global scale. Apart from issues relating to patent infringement the litigation also concerned whether Samsung's tablet computers would infringe Apple's iPad design. In Germany, the courts of Düsseldorf were called to decide on these issues.

The Higher Court of Düsseldorf found that the Galaxy 10.1 tablet computer did not infringe a registered Community design held by Apple but was exploiting the iPad's reputation, which violates rules of unfair competition law.

Samsung then modified the design and intended to market this 10.1N version of the Galaxy tablet. Apple again took action but neither the Regional Court nor the appeal to the Higher Regional Court found the redesigned version to violate unfair competition rules.

Author Notes

My thanks go to Dr Manfred Mimler for his useful comments on the draft of this review. My gratitude also goes to Professor Spyros Maniatis who gave me the opportunity to teach German unfair competition law which ultimately turned out to be the conditio sine qua non for writing this review.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information