According to §155 PatG every product of the same nature qualifies as compounded after the patent procedure until it is proved otherwise. The reversal of the burden of proof is not applicable if it’s about an older product. An entrepreneur has to reveal his manufacturing method only if his product is new and there is a certain possibility that he uses a patented procedure.

If a product is manufactured on behalf of somebody else it shall be used for the original purpose. Therefore if an association of forest owners compile a study about the positive effects of Swiss pine on health at a research association they own the full usufructuary right on the study. Especially advertisement for the study is included in this right.

If an optician runs his business in a close spatial bond with an oculist there is no obstruction with the freedom of choice of patients.  There is no enticing away of customers since the oculist’s patients can freely go to other optician shops. The close spatial bond between the oculist and an optician does not represent any advertisement for the oculist but if the employees of the oculist refer to the optician for any further medical advice there is a contravention of advertisement.