3.1 Legal basis for the obligation to participate in a dual system
The German Packaging Ordinance is the legal basis for the obligation to participate in a dual system. It is based on the Product Recycling and Waste Management Act and takes into consideration the European Directive on take-back and recycling of packaging.
According to § 6, para 1 of the Packaging Ordinance manufacturers and distributors of sales packaging that typically end up with the private final consumer are obliged to have them handled in a dual system.
Exceptions apply for sales packaging destined to small firms. In this case it is possible to participate in an authorized industry specific solution.
3.2 Our registered trademark “Der Grüne Punkt”
The prerequisite for use of the registered trademark “Der Grüne Punkt” in the Federal Republic of Germany is the conclusion of a trademark utilisation contract between you and the company Duales System Deutschland GmbH.
The trademark utilisation contract is a pure licensing contract and not a waste disposal contract. By concluding this contract you obtain the authorization, subject to payment, to mark your sales packaging with our trademark “Der Grüne Punkt”, which is protected by copyright all over the world, however, by using our trademark you do not fulfill your obligations resulting of the Packaging Ordinance. For this purpose, you have to conclude a participation contract. By participating in Duales System Deutschland you fulfill your obligations of the Packaging Ordinance.
Our Online Service provides the opportunity to conclude both your trademark utilisation contract and your participation contract online with us:
