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IV.

The Juridical Nature of Author's Rights, as well as of Trade Name
and Trade-Mark Protection.

By Dr. Carl Gareis, Professor of Law at the University of Giessen.

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I.

      Commercial law has to deal with a number of legal situations
whose juridical nature has by no means been clarified yet. That is
why the textbooks and manuals of commercial law often differ from
one another, both with regard to definitions and with regard to the
systematic arrangement of these. The Commercial Code (Art. 15 - 27)
regulates company law; the Imperial Law of 30 November 1874,
concerning trade-mark protection, describes the civil lawsuits in
which bringing an action entails making a claim on the basis of
this Law as "commercial cases" in the sense of the Imperial and
State laws (§.19); the same designation is given by the Imperial
Law of 11 January 1876, concerning the copyright for patterns and
designs (§.15), to those civil lawsuits, in which on the basis of
this law legal proceedings aiming at compensation, enrichment [by
restitution], or confiscation, are instituted; the publishing business,
just like the other business activities of the book and art trade,
are described as relative "commercial activities" under Art. 272
Nr. 5 of the Commercial Code.
      From this it follows that it is precisely the science of
commercial