{"id":2396,"date":"2021-06-21T16:25:45","date_gmt":"2021-06-21T14:25:45","guid":{"rendered":"https:\/\/watches-jewellery-germany.com\/made-in-germany\/"},"modified":"2021-07-22T13:56:04","modified_gmt":"2021-07-22T11:56:04","slug":"made-in-germany","status":"publish","type":"page","link":"https:\/\/watches-jewellery-germany.com\/en\/made-in-germany\/","title":{"rendered":"MADE IN GERMANY"},"content":{"rendered":"\t\t
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MADE IN GERMANY<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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What is Made in Germany?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Made in Germany as a worldwide known designation of origin and seal of quality stands for services and products produced in Germany. It represents innovation, precision and trust through quality and safety as purchasing arguments for the global consumer.<\/p>\n

As a result of legislation that has been consistently developing since the beginning of industrialization, products Made in Germany meet the highest safety standards and quality in manufacturing execution. The issue of sustainability is also crucial with a product manufactured in Germany due to strict environmental guidelines, German labor and occupational safety laws, and the general standards related to procurement and supply chain assurance. This complete package of reliability along the value chain – from development to design, production to quality assurance – is the main reason for customers worldwide to choose a product or service Made in Germany.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Legal basis<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tCompetition law<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

Competition law<\/h3>\n

In Germany, there is no obligation to label products as “Made in Germany”. However, if this labeling is used, it must be ensured that this claim is true. If this were not the case, there would be a violation of the “Madrid Agreement for the Suppression of False Indications of Origin” on the one hand, and of the Unfair Competition Act (UWG) on the other. A violation of \u00a7 5 in connection with \u00a7 3 UWG leads to a misleading of the consumer. Many consumers associate “Made in Germany” with a high quality standard, innovation or creativity. Misuse of this term can lead to conflicts under competition law.<\/p>\n

In the case of foreign partial production, the last essential and economically justified treatment or processing, the treatment that establishes quality, must be carried out in Germany. The authoritative decision of the Federal Court of Justice from 1973 (AZ: I ZR 33\/72 of 23.03.1973), which is still valid, states: “From a German product … regularly … expected to be manufactured by a company in Germany…. The decisive factor is that the characteristics or components of the product that constitute its value in the eyes of the public are based on a German performance.”<\/p>\n

The Federal Ministry of Justice (BMJ) also confirms: “The limit of use is, according to \u00a7 5 UWG, the possible misleading of the consumer. The use of the designation “Made in Germany” is generally not misleading if, on the one hand, the final production of the product has taken place in Germany. In addition, the essential services, which are decisive for those characteristics of the product, which are in the foreground for the appreciation of the traffic, must have been rendered in Germany (OLG Stuttgart, NJWE Wettbewerbsrecht 1996 p. 53, 54 with further references; most recently LG Stuttgart, WRP 2004, 130 [headnote]; Baumbach\/Hefermehl-Bornkamm, UWG, \u00a7 5-4.83 f.).” [1]<\/p>\n

In the case of products for which origin marking is not mandatory, the admissibility of the designation of origin in worldwide distribution is generally governed by the regulations of the country indicated. They are generally recognized by the importing country.<\/p>\n

When examining the requirements of the “Made in Germany” term, it would also be helpful to answer the following questions [2]:<\/p>\n