Organhaftung bei Immaterialgüterrechtsverletzungen

In cases of intellectual property infringement by legal entities the personal liability of its organs always has been disputed. The author therefore has dealt with the discrepancies, which exist between the single legal fields and which echoed in an inconsistent legal situation.

Corporate law follows the idea of a strict internal liability, while intellectual property is strongly focused on the protection of the right holder. This leads to a tense relationship between the affected legal fields, which gets particularly visible in case of an indirect infringement of rights, e.g. in cases of an inadequate organization. To solve this conflict, special attention is paid to the affected interests, which are incorporated in the affected legal fields and which are the basis for the results. At the end the author evolves groups to face the objection that a personal liability of managing directors is shapeless.