Requirements for a return request for fulfillment of a titled recall obligation (Higher Regional Court of Karlsruhe)

Law applied:

GebrMG § 24a (2)

PatG § 140a (3)

ZPO § 888

Decision keyword:

Pressure wave treatment

Summary:

If the request for return, which is intended to serve as a recall within the meaning of § 24a (2) GebrMG (or corresponding provisions such as § 140a (3) PatG), emphasizes the expiry of the property right, it must make the addressee aware that they are still obliged to destroy any products in their possession or ownership that they used or possessed for specific purposes before the expiry of the property right.

Higher Regional Court of Karlsruhe, decision of September 15, 2025 –  6 W 4/25

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