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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. 441), these provisions have no application.
The provisions of Section 13, paragraph 3, have corresponding application.
SEC. 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.
SEC. 18. Whoever without authority, for the purpose of competition, 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 dealings, is punished with imprisonment up to one year and with a fine up to five thousand marks or with one of these penalties.
SEC. 19. Acts contrary to the provisions of Sections 17 and 18 obligate furthermore compensation for the injury
arising therefrom. Several obligors are responsible as joint debtors.
SEC. 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 2,000 marks or with one of these penalties.
SEC. 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.
SEC. 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.
SEC. 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.
*Courts of inferior jurisdiction having one professional and two lay judges or
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 the 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 judgment.
SEC. 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.
SEC. 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.
SEC. 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 dam
SEC. 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 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.
SEC. 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.
SEC. 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.
SEC. 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.
SELECTED READING REFERENCES ON TRUSTS
ANNALS OF ACADEMY OF POLITICAL AND SOCIAL SCIENCE. "Industrial Competition and Combination" (1912). CARTER, GEORGE R. "The Tendency Toward Industrial Combination" (1913).
A study of industrial combinations in Great Britain. COOK, WILLIAM W. "A Treatise on the Law of Corpora
tions" (7th edition, 1913).
DEWING, A. S. "Corporate Promotion and Reorganiza
HANEY, LEWIS H. "Business Organization and Combina
HARVEY, R. S. AND BRADFORD, E. W. "A Manual of the Federal Trade Commission" (1916).
Treats origin, development, and construction of antitrust laws of the United States-with selected Decisions, Rules of Practice, Forms, etc.
LEVY, H. "Monopoly and Competition" (1911).
A study of conditions in Great Britain.
MACROSTY, H. W. "The Trust Movement in British In
MEAD, E. S. "Trust Finance "(1903)."
NATIONAL CIVIC FEDERATION. "The Trust Problem" (1912).
A symposium on the Trust situation.
PIERCE, FRANKLIN. "The Tariff and the Trusts” (1907). STEVENS, W. A.—(ED). “Industrial Combinations and
Useful collection of documentary and other material