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 2025

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Journal articles on the topic "Injunctions – Germany"

1

Pitz, Johann. "Anti-Suit-Injunctions in Germany." Acta Scientific Medical Sciences 4, no. 10 (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 (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 (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 (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 Di
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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 (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 Protectio
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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 (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
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Downes, Alexander B. "Desperate Times, Desperate Measures: The Causes of Civilian Victimization in War." International Security 30, no. 4 (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 civil
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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 (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
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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 (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 cu
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Borzilo, Evgeniya Yu. "Review of antimonopoly restrictions for unilateral actions of non-dominant business entities in foreign legislation." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 51 (2024): 108–19. http://dx.doi.org/10.17223/22253513/51/9.

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The competition laws of various states contain rules aimed at creating a balance between strong and weak business players. In addition to the traditional prohibition of abuse of a dominant position, a number of jurisdictions also contain restrictions on business activities for non-dominant business entities. After studying the relevant provisions, the author concludes that they are mainly formulated either as a prohibition of abuse of economic dependence, a prohibition of abuse of bargaining power, or a prohibition of one of the forms of unfair competition within the framework of antitrust rul
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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<br>國立雲林科技大學<br>科技法律研究所<br>103<br>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 infringi
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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<br>世新大學<br>法律學研究所(含碩專班)<br>102<br>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
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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<br>國立臺灣大學<br>法律學研究所<br>107<br>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 or
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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. Wolters Kluwer, 2015.

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2

Creutzfeldt, David. Die Dringlichkeit der einstweiligen Verfügung im gewerblichen Rechtsschutz und im Urheberrecht. 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. P. Lang, 2007.

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

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5

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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9

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. 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 enfor
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Picht, Peter Georg, and Anna-Lena Karczewski. "Germany." In Injunctions in Patent Law. 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. 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 doctri
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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
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Bechtold, Martin. "Injunction Proceedings in Competition Matters in Germany." In International Judicial Assistance in Civil Matters. Brill | Nijhoff, 1999. http://dx.doi.org/10.1163/9789004638815_013.

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Collins*, Tawrence. "Comity In Modern Private International Law." In Reform and Development of Private International Law. 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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"Remedies for Patent Infringement." In Pharmaceutical, Biotechnology and Chemical Inventions, edited by Duncan Bucknell. Oxford University PressOxford, 2011. https://doi.org/10.1093/9780199289011.003.0048.

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Abstract This chapter evaluates the remedies for patent infringement. In each of the jurisdictions, once satisfied of patent infringement, courts may grant a permanent injunction ordering an infringer to stop infringing a patent until patent expiry. Meanwhile, general damages are intended to restore the patentee to the same position as if the infringement had not occurred. Other types of damages are also available in some jurisdictions, such as punitive damages and treble damages. An account of profits is an equitable remedy available in jurisdictions such as Australia, Canada, China, and the
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Wordsworth, Sam, and Marie Veeder. "The Natural Limits to the Truncated Tribunal." In On Arbitration. 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 la
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Mayers, David. "War and Revolution." In The Ambassadors and America’s Soviet Policy. 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 th
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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. 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
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