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Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief.
Buyers should undertake thorough duediligence to ensure that the person who minted an NFT is in fact the creator of the underlying digital work, that the person owns the IP rights contained in the digital work and is entitled to grant the rights associated with the NFT.
If the offered item itself is not copyright infringing but the listing is merely presented in a copyright-infringing manner, the platform operators duediligence obligation extends, as a rule, only to similarly presented listings but not to any and all uses of the copyrighted work. of the judgment).
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