Lawyer for product safety and product labeling

If you believe that someone has used your photos without your permission, there are several steps you can take to take action against the photo infringement:

1. Contact the infringer: First of all, try to contact the infringer and make them aware of the infringement. There may have been a misunderstanding or the infringer may not have been aware that they were infringing your rights. Ask the infringer to remove the photo immediately and set a deadline for implementation.

2. Collect evidence: Document the infringement by taking screenshots or printouts of the use of the photo. Also make a note of when and where the photo was used and for what purpose.

3. Consult a lawyer: If the infringer is not willing to remove the photo or you are not in a position to take legal action yourself, you should consult a lawyer. A lawyer can help you review the case, calculate the damages and take steps to hold the infringer accountable.

4. Warning letter: A common procedure in such cases is the warning letter. The infringer is requested to refrain from the unlawful act and to submit a cease-and-desist declaration. Claims for damages are also asserted in the warning letter.

5. Lawsuit: If the infringer does not respond to the warning letter or does not meet the demands, you can file a lawsuit to enforce damages and, if necessary, an injunction.

It is important to act quickly to minimize the damage and protect your rights. A lawyer can help you choose the best possible course of action and handle the case professionally.

Responsibilities exist at all levels of trade and distribution. The responsibilities you have to observe depend on whether you are a manufacturer, quasi-manufacturer, distributor, retailer or importer of the product.

If you fail to comply with labeling obligations or other requirements, you may face disputes with competitors - but above all, you may face sanctions from the market surveillance authorities.

The Market Surveillance Act authorizes the supervisory authorities to secure, destroy or prohibit the marketing of your products. They can not only order a ban on sales, but also recall products that have already been sold, even if the sales date back many years.

The authorities can also impose fines of up to EUR 100,000.

The ProdSG applies when products are made available on the market, displayed or used for the first time as part of a business activity. It is the central law for the distribution of non-food products in Germany.</p

The ProdSG transposes into German law a number of legal provisions issued by the European Union on the placing or making available of products on the European Single Market. These include, for example, the following directives:

• Directive on general product safety 2001/95/EC
• Directive on electrical equipment designed for use within certain voltage limits 2014/35/EU
• Directive on simple pressure vessels 2014/29/EU
• Pressure Equipment Directive 2014/68/EU
• Machinery Directive 2006/42/EC
• Directive on the safety of toys 2009/48/EC

The letters CE stand for "Conformité Européenne", which means "European Conformity". CE marking is not mandatory for all products, but only for certain product groups - and only if CE marking is explicitly required by law.

The manufacturer itself is obliged to affix the CE marking to the products. This confirms that the product meets all legal requirements. The CE mark is therefore not a seal of approval from a central authority or organization, but a formal confirmation from the manufacturer that their products comply with the law.

The CE marking is required for toys, machines, personal protective equipment or medical devices, for example.