Fehlvorstellungen im Markenstrafrecht

How to handle mistakes of fact and mistakes of law in the context of the criminal provisions of German trademark law? This book examines Section 16 and 17 of the German Criminal Code and explains why mistakes of fact are not relevant for the intent of the offender. In addition, this contribution provides helpful criteria to determine in which cases a mistake of law is avoidable. Furthermore, the liability for attempt is discussed in detail. In the following chapters the focus is on the classification of the relevant mistakes in the context of trademark law. This includes mistakes concerning the (registered and unregistered) trademark itself, the act of infringement (particularly the likelihood of confusion) and the restrictions of protection.