Is a company considered a manufacturer if it funds the development and maintenance of an open source project that is not under their responsibility?
No. How a product is developed or financed does not determine manufacturer status under the CRA.
A company becomes a manufacturer only when it places a product on the market; meaning it supplies the product for distribution or use in the course of a commercial activity under its own name or trademark, whether for payment or free of charge (Article 3(13)).
A key factor is whether the company markets the product under their own name or trademark. Simply funding development or maintenance of an open source project does not make the funder a manufacturer (Recital 18).
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