Relevant bibliographies by topics / Injunctions – Germany

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Injunctions – Germany'

Author: Grafiati
Published: 29 July 2024
Last updated: 31 July 2024

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Journal articles on the topic "Injunctions – Germany"

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Pitz, Johann. "Anti-Suit-Injunctions in Germany." Acta Scientific Medical Sciences 4, no. 10 (September 17, 2020): 65–67. http://dx.doi.org/10.31080/asms.2020.04.0743.

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Gärtner, Anette. "Still some way to go: Federal Ministry of Justice proposes to modernize the German Patents Act." Journal of Intellectual Property Law & Practice 15, no. 4 (April 1, 2020): 228–29. http://dx.doi.org/10.1093/jiplp/jpaa040.

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Abstract Although Germany is a leading venue for patent litigation, there is a need to update the law every now and then. Does the Bill, which is currently under discussion, meet the reasonable expectations of users of the system? The author applauds the proposal to make the “confidentiality club” available for patent infringement cases. The legal framework for enforcing injunctions, by contrast, requires additional attention. We are only half-way there.
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Herrmann, Nadine. "Injunctions in Patent Litigation Following the CJEU Huawei v ZTE Ruling (Germany)." Journal of European Competition Law & Practice 9, no. 9 (November 1, 2018): 582–89. http://dx.doi.org/10.1093/jeclap/lpy059.

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Wise, Abigail, and Sean Ibbetson. "Balancing act between rights holders and platforms given further consideration by CJEU." Journal of Intellectual Property Law & Practice 16, no. 11 (November 1, 2021): 1167–71. http://dx.doi.org/10.1093/jiplp/jpab139.

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Abstract Court of Justice of the European Union, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc, Google Germany GmbH and Elsevier Inc v Cyando AG, Joined Cases C-682/18 and C683/18, EU:C:2021:503, 22 June 2021 The Court of Justice of the European Union (CJEU) has provided a non-exhaustive list of factors which are suggested to be taken into account in deciding whether a platform is engaged in acts of communication to the public. The court’s ruling clarifies the scope of the right under Article 3(1) of Directive 2001/29/EC, the availability of the hosting exemption in Article 14(1) of Directive 2000/31/EC and injunctions against intermediaries under Article 8(3) of Directive 2001/29/EC.
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Schönbohm, Julia, and Natalie Ackermann-Blome. "Products, Patents, Proportionality – How German Patent Law Responds to 21st Century Challenges." GRUR International 69, no. 6 (May 23, 2020): 578–84. http://dx.doi.org/10.1093/grurint/ikaa071.

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Abstract German patent law faces challenges in trying to accommodate a changing technological and economic reality. As a result, recent legislative initiatives have been dominated by discussions about adjusting the German Patent Act, especially with regard to the claim for an injunction. This article gives a brief overview of these new challenges as well as the legal background of injunctions in German patent law and the underlying case law. It also evaluates the proposed amendment of the provision on injunctions in the discussion draft of the Federal Ministry of Justice and Consumer Protection (BMJV) on the modernisation of patent law of 14 January 2020.
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Bruun, Niklas, and Caroline Johansson. "Sanctions for Unlawful Collective Action in the Nordic Countries and Germany." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 253–71. http://dx.doi.org/10.54648/ijcl2014015.

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This article compares the industrial relations systems in Finland, Sweden, Norway, Denmark, and Germany with the aim of exploring the approach to remedies and sanctions in order to find out whether national remedies and sanctions for unlawful industrial action could also be applicable to situations of 'unlawful Collective Action under EU law'. In our opinion, it is crucial for such a comparison to focus not just on the legal remedies at hand in the national legal context, but also to take into account the context of industrial relations in which they function. A comparative study of sanctions and remedies in the Nordic countries and Germany opens up a spectrum of rather complicated rules that have been fine-tuned in legal practice at national level over several decades, including rules on defining lawful collective action, mediation, and interim injunctions. The legislator and the courts have built national systems that are based on an acceptance of Collective Action as a legitimate tool for trade unions, a tool that is not allowed to be misused and that has been developed to support and fit into the national industrial relations system and traditions of collective bargaining. The starting point is that unlawful Collective Action should be subject to economic sanctions, but these sanctions should not endanger continued contractual relations between the labour market parties. Economic sanctions are not primarily calculated on the basis of economic loss on the part of the employers, but many factors are taken into account, such as the size of the trade union as well as any mitigating and aggravating factors in accordance with national law and practice. These aspects should be taken into account also in cases of 'EU-unlawful' collective action.
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Downes, Alexander B. "Desperate Times, Desperate Measures: The Causes of Civilian Victimization in War." International Security 30, no. 4 (April 2006): 152–95. http://dx.doi.org/10.1162/isec.2006.30.4.152.

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Despite normative and legal injunctions against targeting civilians in war, as well as doubts regarding the effectiveness of such strategies, belligerents have frequently turned their guns on noncombatants. Two variables—desperation to win and to save lives on one's own side in protracted wars of attrition, and the intention to conquer and annex enemy territory—explain this repeated resort to civilian targeting. According to the desperation logic, costly and prolonged wars of attrition cause states to become increasingly anxious to prevail and to reduce their losses. Adopting a policy of civilian victimization permits states to continue the war while managing their losses and hopefully coercing the adversary to quit. In the appetite for conquest model, by contrast, belligerents specifically intend to seize and annex territory. Attackers in this model employ civilian victimization to eliminate enemy civilians, who can threaten the aggressor's immediate military position and present a future threat of rebellion. Multivariate analysis of interstate wars between 1816 and 2003 corroborates the importance of these factors,and a case study of the British starvation blockade of Germany in World War I supports the plausibility of the desperation mechanism.
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Rantasaari, Krista. "Growth companies and procedural safeguards in European patent litigation." Maastricht Journal of European and Comparative Law 25, no. 2 (April 2018): 168–87. http://dx.doi.org/10.1177/1023263x18773966.

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The unitary patent system with the establishment of the Unified Patent Court will lead to unitary patent protection covering most European Union countries. Moreover, it will lead to litigation with the same geographical reach. One potential concern related to increasing litigation is the so-called ‘patent trolls’ (non-practicing entities) that purchase patents for the purpose of portfolio building or company financing. One of the key expressed justifications of the unitary patent system was to support small- and medium-sized enterprises by securing them easier and wider access to patents. The aim of this article is to examine procedural safeguards from the perspective of the start-up and growth companies. These safeguards protect start-up and growth companies when acting as defendants. As a corollary, they weaken the enforcement mechanisms from the perspective of the plaintiff. The safeguards addressed in this article are fee shifting, preliminary injunctions, and bifurcation. As the Unified Patent Court system is still evolving, the current state of European patent litigation in key jurisdiction countries (Germany, the United Kingdom and the Netherlands) is analysed. This article explores how these safeguards evolve in the unitary patent regime and their potential to reduce uncertainty for start-up and growth companies when acting as defendants.
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Dars, Basheer Ahmed, Muhammad Nabeel Musharraf, and Arshad Munir. "The Dress Code for Muslim Women." Journal of Islamic and Religious Studies 3, no. 1 (February 11, 2020): 27–37. http://dx.doi.org/10.36476/jirs.3:1.06.2018.11.

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It is not uncommon to find cases of Muslim women being harassed or bullied in many of the Muslim-minority countries because of their dress. These Islamophobic attacks, unfortunately, are not merely conducted by radicalised individuals; but the subjugation of the rights of Muslim women also comes from institutional bodies and governments. Secular nations, such as France, Germany, Italy, Belgium, Netherlands, Bulgaria, Switzerland, USA, UK, Canada, China, and Russia have either imposed restrictions on Muslim women regarding their dress code. They see veil as a non-acceptance of progressive or cumulative values which is unsurprisingly not welcomed by the Muslim community. In such environment, it is inevitable for the Muslims to understand what the Qur’ān and Sunnah really say about the dress code for Muslim women in order to explain what their religion really requires from them and to communicate it appropriately to the government officials, journalists, politicians, and other relevant stakeholders. It is also essential from the perspective of segregating cultural aspects from the religious aspects. Many of the commonly used words for the dressing of Muslim women are more rooted in culture than the religion. It is accordingly vital to understand what the Qur’ān and Sunnah really command about the women dressing and how it has been interpreted in various Islamic societies and cultures. This paper accordingly presents an analysis of all the relevant Qur’ānic verses and the prophetic traditions (from the 6 most renowned books of ahadith). The linguistic analysis employed in this paper results in the identification of items of dress that were worn by Muslim women to safeguard their modesty during the times of Prophet Muhammad (ﷺ). The same principles are relevant for today’s age and time and the Muslims can use those guidelines to delineate cultural practices from the religious injunctions.
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Doržinkevič, Artur. "The Concept and Application of Anti Suit Injunction in Civil Proceedings of European Union Member States and Lithuania." Teisė 122 (March 30, 2022): 65–78. http://dx.doi.org/10.15388/teise.2022.122.5.

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This article analyzes the concept, origins and application of anti suit injunction. The author examines possibilities of applying anti suit injunction in the case law of the Court of Justice of the European Union and in the case law of individual Member States – Germany and France. After evaluating the examples of foreign court practice, a legal assessment of a possibility to apply anti suit injunction in Lithuanian court practice is presented.
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Dissertations / Theses on the topic "Injunctions – Germany"

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Chang, Ting-Yun, and 張庭筠. "Study of Patent Preliminary Injunction in Germany." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/11141702699210363322.

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碩士
國立雲林科技大學
科技法律研究所
103
There are 250 international trade fairs in Germany each year, and around 70 significant fairs thereof are hold in German. Hence, Germany is often seen as an important platform for people who wish to enter the European market at these major trade fairs. Especially, Taiwanese enterprises are never absent, and at least one Taiwanese booth could be seen in each hall of these exhibitions. However, during the exhibition, the right holders sometimes file the preliminary injunction from the German Court, and they use it to order the exhibitors to recall the infringing products shown in the booth as well as request the court to seize the infringing products. Furthermore, the preliminary injunction order could be obtained within 48 hours commencing the request date from German Court, so that the defendant will hardly have time to defend. The value of these infringing goods from Taiwanese companies which are confiscated exceed hundreds of millions Euros. Therefore, this study will include search the enforcement and the relevant procedures of German preliminary injunction as well as the comparison between German system and Taiwan system.
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Tsai, Hsin-Ling, and 蔡欣苓. "The Study of Preserving Procedure on Patent Infringement Cases - Focused on Preliminary Injunction in Taiwan and Germany -." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/31859201228105291809.

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碩士
世新大學
法律學研究所(含碩專班)
102
A lot of international trade fairs are held around the world every year. For the purpose of expanding business and go with the tide, Taiwan enterprises certainly will not be absent. In these major trade fairs around the world, Germany is often deemed as a key platform for entering the European market, and two-thirds of global trade fairs are held in Germany in which is a popular place for the Taiwan exhibitors. However, the German patent right holders often file an prelim injunction to successfully cease and stop Taiwanese enterprises to sell the infringed products in Germany and even to seize the products in the fair tooth directly. Looking back to Taiwan, whenever the Taiwanese enterprises encounter intellectual property disputes, they will also file the injunction to prohibit the infringers from using, manufacturing, or selling the infringing goods, and as a consequence, the business opportunities are missed out. The nature of preliminary injunction in Taiwan and Germany are similar and they both used to temporarily adjust the law relationship. No matter in Taiwan or oversea, the legal action and the preserving procedure which can cease the continuous infringing action already briskly bring a significant impact on the reputation and business opportunities of the infringed parties before the main suit starts. In Taiwan, the threshold of obtaining the injunction order is high, and comparing to Germany, the requirements of obtaining the preliminary injunction is less stringent. This study mainly discussed the differences. In addition, with the upcoming European unitary patent and the unified patent court, how the injunction and the preserving procedure will be reformed in patent infringement cases will be also discussed.
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Lee, Min-Jou, and 李銘洲. "Reserach on the Injunction of Family Act in Taiwan―Focus on comparative to temporary Remedy in thesystem of Germany''s family matters." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/a93y9m.

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碩士
國立臺灣大學
法律學研究所
107
The Family Affairs and Non-Contentious Act of Germany which were implemented on September 1st, 2009, categorizes family affairs into non-contentious matters. Pursuant to Article 49, the temporary remedy of family affairs shall be implemented with a temporary order and is applied to all family affairs, which renders a whole new appearance for the temporary remedy for family affairs. The design of the consolidation endows the remedy an independent procedure character and no longer requires the affair in question to be registered. The temporary order covers the ordinary provisional remedies, regulatory disposition and satisfactory payment, which fully exert or even expand the function of the traditional provisional remedies for family affairs. On the other hand, in order to satisfy the emergency and speedy needs for such affairs, though summary proceeding is adopted, according to the characteristics and needs of individual temporary order, the court is endowed with the jurisdiction to use flexible hearing method such as oral-argument, argument in written, or even afterward hearing. The permission of the temporary order ruling, the applying for oral-argument, the revoke or change of the original ruling for related persons who had not argued orally, aligning with the hearing objection, manifest the valuation of the protection of related persons’ procedural right in German new act. Compared to the simple unit procedure adopted by Germany which the temporary order applies to all family affairs, the Family Act in Taiwan adopted two-tier procedure which was classified into contentious and non-contentious family affairs. Injunction only applies to non-contentious affairs, and can only be motioned when the court accepts the non-contentious affair, which means the injunction is attach with the affair, which is completely different from the independency of the German temporary order from the affair in question. Considering both basic requirement- speedy trial and careful trial, the injunction may exert as the connection of the pre and post stages of the procedure. Lastly, this thesis raises examples to explain how the ruling theory classified by cases and the legal theories of procedure interlace and apply to the ruling of injunction, and the relationship between ruling theory classified by cases and the affair in question. In light of the variety of the non-contentious family affairs, the important issues about how to act in accordance with the types of injunction cases, to suffice the ruling procedure and the future implementing procedure, to actually fulfill the needs of the motion filler to rapidly acquire the temporary remedy, and the basic needs for related persons’ procedural protection right, are to be continually discussed and broadened.
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Books on the topic "Injunctions – Germany"

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author, Leanza Piero, ed. Preliminary Injunctions: Germany, England/Wales, Italy and France. Alphen aan den Rijn, The Netherlands: Wolters Kluwer, 2015.

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Creutzfeldt, David. Die Dringlichkeit der einstweiligen Verfügung im gewerblichen Rechtsschutz und im Urheberrecht. Frankfurt am Main: P. Lang, 2010.

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Severin, Christian. Auflassungsvormerkung und Eingriffsschutz: Zur Frage, ob dem Inhaber eines vormerkungsgesicherten Eigentumsverschaffungsanspruchs Sanktionsschutz gegen faktische Einwirkungen auf das vormerkungsbelastete Grundstück zukommt. Frankfurt, M: P. Lang, 2007.

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Kendziur, Daniel F. Neue Wege für den Rechtsschutz Privater gegen die Wirtschaftstätigkeit der öffentlichen Hand. Frankfurt, M: P. Lang, 2009.

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Ibel, Fabian. Schranke Hinter Den Schranken: Interessenabwaegung Jenseits der Urheberrechtlichen Schranken der §§ 44a Ff. UrhG. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2019.

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Ibel, Fabian. Schranke Hinter Den Schranken: Interessenabwaegung Jenseits der Urheberrechtlichen Schranken der §§ 44a Ff. UrhG. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2019.

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Ibel, Fabian. Schranke Hinter Den Schranken: Interessenabwaegung Jenseits der Urheberrechtlichen Schranken der §§ 44a Ff. UrhG. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2019.

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Ibel, Fabian. Schranke Hinter Den Schranken: Interessenabwaegung Jenseits der Urheberrechtlichen Schranken der §§ 44a Ff. UrhG. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2019.

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Löbig, Jan Christoph. Einstweilige Verfuegungen und Neue Arbeitskampfwirklichkeit. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2015.

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Löbig, Jan Christoph. Einstweilige Verfuegungen und Neue Arbeitskampfwirklichkeit. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2015.

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Book chapters on the topic "Injunctions – Germany"

1

Zhang, Chenyang. "Property Preservation and Act Preservation." In Win in Chinese Courts, 139–48. Singapore: Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-99-3342-6_9.

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AbstractIn China, some defendants will, upon becoming aware of being sued, take various methods to transfer and/or hide their property or the subject matter in dispute. In such circumstances, even if the plaintiff wins the case, it may still find it difficult to be actually compensated. In order to solve this problem, the plaintiff can apply to the Chinese court for property preservation. Chinese courts will take such preservation measures as sequestering, seizing and/or freezing according to the type of property to be preserved, which are the same as those taken by the courts during the enforcement procedure. In order to avoid “winning the case but still losing money”, it’d be better for the plaintiff to consider applying for property preservation and collect property clues of the defendant before case filing. Act preservation is a temporary remedy to avoid the parties from suffering “irreparable damage” during the civil proceedings. The act preservation is highly similar to the “interlocutory injunction” in common law countries and the “provisional injunction” in civil law countries such as Germany and Japan. Chinese courts, when examining the application for act preservation, need to balance the interests between the parties and the public. In recent years, the number of cases, especially those related to intellectual property and unfair competition, subject to the act preservation measures has been on the rise. If the application for act preservation is erroneous, the applicant shall be liable for compensation to the respondent. In intellectual property and unfair competition cases, there are clear-cut standards for determining whether an application for act preservation is erroneous or not.
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Picht, Peter Georg, and Anna-Lena Karczewski. "Germany." In Injunctions in Patent Law, 142–70. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108891103.009.

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Schack, Dr Haimo. "Germany." In Declining Jurisdiction In Private International Law, 189–206. Oxford University PressOxford, 1995. http://dx.doi.org/10.1093/oso/9780198259596.003.0009.

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Abstract It is hard for a judge to forgo exercising the international jurisdiction that is extended to him by law: the plaintiff’s expectations of domestic legal protection will not be met. Moreover, the adjudication of the dispute will be left for a foreign judge to make and will sometimes differ in the result, because different procedural circumstances and often also different choice of law rules will govern the foreign forum. Renouncing domestic jurisdiction is therefore rather the exception than the rule, and needs specific justification. Whereas German law predominantly rejects the doctrine of forum non conveniens (below, II), it very generously respects the earlier pendency of a foreign action (below, III). Forum-selection agreements prorogating an exclusive foreign forum are also widely respected (below, IV, 1), as are arbitration agreements, if the defendant refers to them in time (below, IV, 2). German courts do not interfere with a foreign action by issuing antisuit injunctions (below, V); these conflicts can only be solved later by refusing to recognize the foreign judgment.
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Bechtold, Martin. "Injunction Proceedings in Competition Matters in Germany." In International Judicial Assistance in Civil Matters, 87–96. Brill | Nijhoff, 1999. http://dx.doi.org/10.1163/9789004638815_013.

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Steininger, Steffen. "Rule 125 Separate proceedings for determining the amount of damages ordered." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0310.

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In the German courts, for example, there is a general tendency to determine the amount of damages and compensation claims in subsequent proceedings. Therefore, a decision on an Application for the determination of damages is given in the final award jointly with the other claims raised in the infringement proceedings. This provides the practical advantage for the claimant of receiving an injunction faster. Judicial practice in Germany and Europe further shows that after a finding of infringement many disputes on the determination of the damages are settled out of court. Subsequent proceedings to determine damages are, therefore, only brought in rare cases.
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Collins*, Tawrence. "Comity In Modern Private International Law." In Reform and Development of Private International Law, 89–110. Oxford University PressOxford, 2002. http://dx.doi.org/10.1093/oso/9780199250080.003.0005.

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Abstract In an unreported decision in the year 2000 Thomas J, sitting in the English Commercial Court, was concerned with a case in which a United States corporation was seeking in the United States an injunction to restrain arbitral and judicial proceedings in London, and a German corporation was seeking an injunction in London to restrain the United States proceedings. He refused the injunction restraining the United States proceedings, and said:
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Wordsworth, Sam, and Marie Veeder. "The Natural Limits to the Truncated Tribunal." In On Arbitration, 226–37. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192869135.003.0012.

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Abstract This chapter examines two episodes in the history of arbitral tribunals that acted in the absence of a party-appointed arbitrator. The first episode, which concerns decisions of the German courts under the 1925 German–Soviet Treaty, is used to illustrate the difference between a refusal to act and a mere failure to act, which may not in any way be obstructive of the arbitral process. The second is more dramatic and concerns the 1998 arbitration claim brought by two Bermudan companies against a government-owned company, Pertamina, and the Indonesian Government. These resulted in two large awards against Pertamina, which it refused to pay. The claimants proceeded with other claims against the Indonesian Government. Pertamina then obtained injunctions from a Jakarta court enjoining the enforcement of the awards and imposing a penalty of US$1 million a day on any party (apparently including the arbitrators) continuing with the arbitrations. The tribunal removed the place of the next hearing to the Peace Palace in The Hague, but the attendance of the arbitrator appointed by Indonesia was physically prevented by Indonesia. The remaining two arbitrators, informed of the reasons for the absence of their colleague, proceeded as a truncated tribunal to make awards on the merits, thus showing how international arbitration works despite the best (worst) efforts of a recalcitrant party.
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Mayers, David. "War and Revolution." In The Ambassadors and America’s Soviet Policy, 67–89. Oxford University PressNew York, NY, 1995. http://dx.doi.org/10.1093/oso/9780195068023.003.0004.

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Abstract American diplomacy in St. Petersburg seemed to mock the Provisional Government’s herculean effort to prosecute military operations against Germany while establishing democracy. Against the background of Bolshevik audaciousness and despite Washington’s need for reliable analysis of shifting conditions, U.S. diplomacy was hesitant and uncomprehending. In contrast to compelling Americans on Russian soil, from the romantic John Reed to the Red Cross’s exuberant Raymond Robins, Ambassadors George Marye and David Francis stood out because of their nai’vete. Wartime Diplomacy Nowhere more than in Russia did the Great War prove the wisdom of Clausewitz’s injunction against making warfare into “something pointless and devoid of sense.” Casualties in 1914 to 1918 were unimaginable to St. Petersburg as it considered the course to take during the weeks following Francis Ferdinand’s assassination. Of the 12,000,000 men who were mobilized for military service, approximately 1,700,000 were killed in battle, 4,950,000 wounded, 2,410,000 captured.1 Additional fatalities from disease, suffering among civilians, and damage to property were equally fearful. Acquisition of the Black Sea Straits, Constantinople, and other Turkish territories could not have justified these costs, let alone the unleashing of destructive revolution and civil war.
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Davison, Claire. "Impressions of Translation: Ford Madox Ford’s Cosmopolitan Literary Crossings." In Cross-Channel Modernisms, edited by Derek Ryan and Jane A. Goldman, 50–68. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474441872.003.0004.

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The Channel crossings in Ford’s family history are complex. During the war, he wrote propaganda books triangulating English, French and German culture. After returning from the Western Front, he emigrated to France. His formative collaboration with Joseph Conrad instilled an ideal of the conscious artistry of French fiction (exemplified by Stendhal, Flaubert, and Maupassant). Ford was delighted when The Good Soldier was described as ‘the finest French novel in the English language’. His own work bears out his injunction to translate English sentences into French and then back into English as a means of clarifying and purifying them. However, Anglo-French crossings are only part of Ford’s story. The trans-Manche for him was always overlaid with the transatlantic. This is evident in the magazines he edited: the English Review, which published Tolstoy, James, and President Taft; and the transatlantic review, which was published in New York as well as London and Paris, and which increasingly gave space to the American expatriates in Paris. Ford’s cultural internationalism – his belief in a ‘Republic of Letters’ – foreshadows recent discussions of 'world literature' – nowhere more so than in his last and immense comparative study The March of Literature (1938).
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