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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.
3
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 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 (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 (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 (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 (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 (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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Whaley, Joachim. "Obedient servants? Lutheran attitudes to authority and society in the first half of the seventeenth century: the case of Johann Balthasar Schupp." Historical Journal 35, no. 1 (1992): 27–42. http://dx.doi.org/10.1017/s0018246x00025590.
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AbstractThe reunification of Germany has given a new dimension and intensity to the debate about the historical identity of German political culture. In particular, it has revived the issue of whether the Lutheran heritage was inherently conservative, if not authoritarian, in tendency. This article re-examines the issues in relation to Lutheran political and social thought in the first half of the seventeenth century. The life and writings of the Lutheran pastor and influential popular author Johann Balthasar Schupp (1610–61) are examined in detail. What emerges is something more complex than a simple injunction to obey authority at all costs. While he implicitly rejected the idea of a right to rebel, Schupp placed his faith in the willingness of rulers to assist in a ‘reformation of society’. Rebellion would thus be unnecessary. The article argues that this hope was not unrealistic in the context of the small German territorial state in the early modern period. The traditional view of a politically conservative Lutheranism in this period must therefore be revised.
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Deutsch, A. "Preliminary injunction proceedings in German intellectual property disputes." Journal of Intellectual Property Law & Practice 8, no. 2 (2013): 136–45. http://dx.doi.org/10.1093/jiplp/jps208.
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Ess, P. "Serving and enforcing a German preliminary injunction abroad." Journal of Intellectual Property Law & Practice 8, no. 12 (2013): 911–13. http://dx.doi.org/10.1093/jiplp/jpt200.
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Kaiser, Anna-Bettina. "German Federal Constitutional Court: German Data Retention Provisions Unconstitutional in Their Present Form; Decision of 2 March 2010, NJW 2010, p. 833." European Constitutional Law Review 6, no. 3 (2010): 503–17. http://dx.doi.org/10.1017/s1574019610300083.
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About one year after the European Court of Justice had handed down its notorious decision on the Data Retention Directive concerning telecommunications traffic data, it was for the German Federal Constitutional Court to take a final decision on the German implementation of the Directive. So far, the latter Court had only issued temporary injunctions restricting data retrieval by the public authorities. Now, the final ruling by the Court has been anxiously awaited since the complainants had not only challenged the German provisions implementing the Directive, but also the Directive itself. Thus, the question was raised whether the Court would finally, for the first time in its history, initiate a preliminary ruling procedure according to Article 267 of the Treaty on the Functioning of the European Union.
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Clegg, Hugh. "The Bullock Report and European Experience (1977)." Historical Studies in Industrial Relations 41, no. 1 (2020): 169–88. http://dx.doi.org/10.3828/hsir.2020.41.7.
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Whatever the shortcomings of the Bullock Committee’s terms of reference, the injunction to take account of European experience was not one of them. The volume and scope of the evidence is, however, limited: equal representation for shareholders and workers has been tried only in the German coal and steel industries where it was introduced by the occupation authorities after the Second World War. Most European countries, including France and Italy, have nothing to offer. The Committee relied mainly on West Germany and Sweden, with occasional references to Holland and Denmark. Continental versions of industrial democracy worked where an industrial relations system already existed, developed through workplace and industry institutional practices over decades. Nevertheless, the Committee’s majority report used European evidence to support its three main proposals. Worker directors are irrelevant to the task of reforming British industrial relations. European experience is of limited relevance because Britain is not behind European countries in its problem of industrial relations in the enterprise, but ahead of them in what the late Allan Flanders called ‘the challenge from below’, which is being posed all over the world but more sharply in Britain than anywhere else.
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Riffel, Christian. "Does Investor-State Dispute Settlement Discriminate Against Nationals?" German Law Journal 21, no. 2 (2020): 197–222. http://dx.doi.org/10.1017/glj.2020.10.
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AbstractThis Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter of principle has surfaced before several European constitutional courts—including the German Federal Constitutional Court and the European Court of Justice—in connection with the ratification of the Comprehensive Economic and Trade Agreement between Canada and the European Union (“CETA”). This Article rejects this complaint. The Federal Constitutional Court was able to leave the question of discrimination open in the applications for a preliminary injunction to stop ratification. It will have to take a stand, however, in the principal proceedings. If the Court were to side with the applicants, it would sound the death knell not only for the CETA in its present form, but also for the multilateral investment court system promoted by the European Union and, in particular, Germany. The point made by the applicants in the CETA complaint is not only of importance in a European constitutional law context. Whether ISDS is per se discriminatory is a fundamental issue which requires answering before any reform steps in relation to ISDS are addressed.
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Gebauer, Jochen, Ulrich Wollenteit, and Michéle John. "A Strong Case for Transparency: Public Interest in Disclosure of Risk Data P revails over Business Secrets." Journal for European Environmental & Planning Law 3, no. 1 (2006): 13–21. http://dx.doi.org/10.1163/187601006x00038.
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AbstractIn a dispute between Greenpeace Germany and Monsanto Europe concerning the confidentiality of its controversial rat feeding study the Higher Administrative Court of the federal State North Rhine-Westphalia (OVG Münster) refused to grant Monsanto an injunction to stop the German authorities from releasing the requested data to Greenpeace.' The decision has acknowledged the public's right to know and strengthened the principles of transparency and participation. On the grounds of a modern approach to risk policy and to genetically modified organisms (GMO), which the Court held to be enshrined in Article 25(4) of Directive 2001/18/EC, the Court has attributed the right to information priority over conflicting commercial interests. As far as risk data is concerned the Court stressed that European Law requires a maximum degree of transparency as an indispensable condition for the introduction of GM plants within Community territory. Furthermore, the decision recognised that in the field of genetic engineering law the right of companies to invoke operating or business secrets to justify exceptions to the right of access is narrowly circumscribed. Risk data, in general, will only be protected as 'confidential' on an exceptional basis. The party submitting the risk data has to prove that there is an imminent risk of specific and relevant harm to its commercial interests.
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Petrlík, David, and David Linke. "‘Enforcement of Patent Law in Civil Proceedings’ – A Conference Report on the Fifth Bi-national Seminar of TU Dresden and Charles University in Prague, 26 November 2019." GRUR International 69, no. 6 (2020): 624–29. http://dx.doi.org/10.1093/grurint/ikaa051.
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Abstract What is the law good for if it cannot be enforced? This question is currently virulent in patent law, especially when it comes to the enforcement of injunctive relief claims. From the German perspective, a question arises: does a patent infringement have to automatically result in an injunction (as is the situation currently according to Sec. 139 of the Patent Law Act) or should exceptions be made in special cases? In particular, the automotive industry and also the IT sector demand a modernisation of this provision by introducing a proportionality test, as even the smallest patentable components in networked products can lead to the entire production being blocked in the event of a successful injunction action. Similar problems exist in US patent law. The enforceability of Czech patent law also faces challenges that need to be solved. For this reason, the fifth seminar on the topic ‘Enforcement of Patent Law in Civil Proceedings’ took place on 26 November 2019 at Charles University Prague.
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Maré, Estelle A. "Creation and Re-Creation: the Origins and Preservation of the Shinto Shrines At Ise, Japan, and the Abbey Church of St. Michael At Hildesheim, Germany." Religion and Theology 11, no. 2 (2004): 161–80. http://dx.doi.org/10.1163/157430104x00078.
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AbstractIn this article Ise Jingu, Japan, and the church of St Michael, Germany, are juxtaposed. At first glance they do not seem to have much in common, except that they exist as a testimony to the intentions of the original builders who established their distinctive architectural traditions and, physically, both are recent reconstructions. The reasons for their reconstruction are different because, whereas the Ise precincts are renewed as it were in obedience to a sacred injunction at a place where war never occurred, the renewal of the Hildesheim church to its original design is predominantly the result of circumstance and the vicissitudes of devastation, plunder and war.
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Zografos, Alexandros S. "The SEP Holders Guide to the Antitrust Galaxy: FRAND and Injunctions." World Competition 37, Issue 1 (2014): 53–68. http://dx.doi.org/10.54648/woco2014004.
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Standardization has proven to be a source of considerable benefits but for antitrust it can be a field laden with dangers. Recent Article 102 TFEU investigations related to standard-setting focus on the issue of availability of injunctive relief for FRAND-encumbered SEPs and compatibility of such litigation with antitrust rules on unilateral behaviour. The heterogeneity, which characterizes the outcome of these probes across jurisdictions reflects the diversity of opinions found in academic scholarship. This notwithstanding, there is consensus that the concept of the willing licensee is decisive in this regard, while public interest considerations can play an equally crucial role. A German reference for a CJEU preliminary ruling sought guidance regarding the appropriate legal standard for such cases. SEP holders appear creative as to their lines of defence against Commission allegations, but past antitrust practice vis-à-vis dominant pioneers indicates that the avenue of offering legally binding commitments is an option that merits consideration.
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Nykrog, Niels. "Officials on the Scaffold: Lutheran Martyrdom in Andreas Gryphius’ Catharina von Georgien." Religions 13, no. 4 (2022): 345. http://dx.doi.org/10.3390/rel13040345.
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In a reading of Gryphius’ Catharina von Georgien within its political and confessional context of Silesia at the end of the Thirty Years’ War, this article analyzes the transformation of the Christian martyr cult within early modern German tragedy. It argues that Gryphius used the hagiographic type of the royal martyr as a moral example and figure of governmental order. He depicted the pious Georgian martyr Queen Catharina and her devout officials as an inspiring community of civic virtue to be imitated by his fellow Silesians. This patriotic injunction of the tragedy resonates with legal concepts of public law put forward by Gryphius’ mentor, Georg Schönborner and others. The article finds that Gryphius’ martyr tragedy must be read as an aesthetic contribution to some of the legal movements decisive for German state formation around 1650.
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Paull, John. "Yields of Biodynamic Agriculture of Ernst Stegemann (1882-1943): Experimental Circle Data of the First Biodynamic Farmer." European Journal of Agriculture and Food Sciences 5, no. 5 (2023): 1–4. http://dx.doi.org/10.24018/ejfood.2023.5.5.699.
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Ernst Stegemann (1882–1943) was the first biodynamic farmer. He was an Anthroposophist with a 375 acre (150 hectares) mixed farm at Marienstein, midway between Frankfurt and Hamburg, Germany. Stegemann attended the Agriculture Course at Koberwitz (now Kobierzyce, Poland) in June 1924 at which the New Age philosopher, Dr Rudolf Steiner (1861–1925), laid the historical foundations for biodynamic and organic farming. Stegemann was a founding member of the Experimental Circle of Anthroposophical Farmers and Gardeners which was founded by Steiner during the Koberwitz course. Prior to the Course, Steiner gave Stegemann some preliminary insights on agricultural practice. Steiner’s injunction to the farmers and gardeners of the Experimental Circle was to test his “hints” for a new and then un-named agriculture, to establish what works, and then to publish the results, and thereby bring the ‘era of secrecy’ to a close. Until that point, members of the Circle were to maintain confidentiality of the Course and experiments. The present paper reveals some of the earliest results of putting Steiner’s indications to the test. For Stegemann, over eight years, the annual yield for sugar beet show increases using Biodynamics of up to 26% (compared to the base year of 1923). The annual yield for “cereals” show increases using Biodynamics of up to 42% (compared to the base year of 1923). Stegemann’s longitudinal yield data were presented in June 1931 to Experimental Circle members, under constraints of confidentiality, at his farm at Marienstein (in the then Province of Hanover; now in the German state of Lower Saxony), and now appear unbridled from those constraints of confidentiality.
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Cobb, Gerry. "‘Injunction Granted’ in Its Times: a Living Newspaper Reappraised." New Theatre Quarterly 6, no. 23 (1990): 279–96. http://dx.doi.org/10.1017/s0266464x00004589.
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Back in the early 1970s, the original Theatre Quarterly published a number of articles which revived interest in the Federal Theatre Project. In TQ 4, Heinz Bernard placed the work of the FTP's Living Newspaper Unit in the context of American left-wing theatrical practice in the 1930s, and a piece on its techniques by Arthur Arent, the principal writer of the Living Newspapers, first published in 1938, was reprinted in the same issue. Then, in TQ 9 (1973), came Arnold Goldman's incisive and far-ranging article, ‘Life and Death of the Living Newspaper Unit’, which not only traced the political rise and fall of the Unit and the Project, but suggested the importance of the Living Newspaper form to American political theatre, and identified important formal links with Soviet and German practices. This marked the beginning of a reassessment of the work of the Unit, whose reputation had been tarnished and somewhat marginalized in the wake of the FTP's closure by Congress on the grounds of political extremism, and the subsequent legacy of the McCarthy years. The present article by Gerry Cobb continues the reassessment process, and deals with the Living Newspaper considered most contentious of all both by Congressional opponents of the Project and by its own hierarchy – Injunction Granted. Cobb argues that this piece was singled out for attack because of its divergence from the policies of the New Deal, and its call for the organization of workers under the auspices of the CIO, its politics thus coming to obscure its theatrical strengths. His article both demonstrates the historical relevance of Injunction Granted at the time of its creation, and emphasizes and reassesses its strengths as a piece of theatre. Gerry Cobb is a postgraduate student at the University of East Anglia, Norwich, where, in addition to working on a doctoral thesis on the Living Newspapers, he is editing a volume of the four major works in the form, including Injunction Granted, for publication by Bristol Classical Press late in 1990.
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FEDCHENKO, YU V. "LEGAL NATURE OF INTERNATIONAL JURISDICTION AGREEMENTS." Ser-11_2023 64, no. 5, 2023 (2024): 168–82. http://dx.doi.org/10.55959/msu0130-0113-11-64-5-10.
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The problem of the legal nature of international jurisdiction agreements is directly related to the issue of their regulation in the national legislation, since, depending on the material or procedural quali cations of this institution, particular regulatory requirements for such agreements are to be established. This article analyzes various approaches to the de nition of the legal nature and, consequently, the regulation of international jurisdiction agreements on the example of English, German and Russian legislation. The material quali cation chosen in English law means a more exible regulation of the agreements: the possibility to conclude an oral jurisdiction agreement as well as the possibility for one party to use remedies (antisuit injunctions, damages) in case of violation of the jurisdiction agreement by the other party. The procedural quali cation of jurisdiction agreements in German law presupposes the establishment of stricter formal requirements (requirements for the subjects of agreements, form (written or oral with written con rmation), time of the conclusion of the jurisdiction agreement). In Russian law, this issue has not been nally resolved and is debatable, so that the legislative 181regulation of agreements on jurisdiction is generally fragmentary and is replaced by the construction and interpretation of norms in judicial practice.
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Rott, Peter. "The Protection of Consumers' Interests After the Implementation of the EC Injunctions Directive Into German and English Law." Journal of Consumer Policy 24, no. 3-4 (2001): 399–439. http://dx.doi.org/10.1023/a:1013953209738.
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Urbanek, Anna. "The possibility of using representative actions to pursue claims resulting from the Dieselgate scandal – the future of redress for infringements of collective consumer interests." Vilnius University Open Series, no. 6 (December 28, 2020): 252–62. http://dx.doi.org/10.15388/os.law.2020.21.
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Since the disclosure of unethical and illegal solutions used by Volkswagen A.G. during exhaust emission tests in many countries, proceedings are underway to impose an appropriate penalty on the company and to compensate the victims. On a global scale, the USA, Australia, South Korea and Canada can be mentioned. The European Union is not standing still. Until mid-February 2020, national courts and administrative bodies imposed various types of sanctions in Spain, Germany, Portugal, the Netherlands, Austria and Poland, among others. However, although the Volkswagen case is an infringement of collective consumer interests on a pan-European scale, Member States are resolving the problem through internal proceedings. Does this ensure effective and adequate compensation of affected consumers? The increase in protection would ensure, among other things, that there is a valid injunction for adequate compensation and that the proceedings are international in nature. The paper aims to show how the representative actions mechanism proposed in the “New Deal for Consumers” package could affect the effectiveness of decisions taken in the Volkswagen case by Member States’ competent authorities.
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Paull, John. "Yields of biodynamic agriculture of Immanuel Voegele (1897-1959): Experimental Circle data of Pilgramshain." European Journal of Sustainable Development Research 8, no. 1 (2024): em0248. http://dx.doi.org/10.29333/ejosdr/14124.
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A century ago the New Age philosopher Dr Rudolf Steiner (1861-1925) called for the development of a differentiated. agriculture, one focussed on biology rather than chemistry. At his Agriculture Course at Koberwitz (now Kobierzyce), in the summer of 1924, Steiner founded the Experimental Circle of Anthroposophical Farmers and Gardeners. The Experimental Circle members each signed a non-disclosure agreement (NDA). Their task was to test Steiner’s ideas, establish what worked, and to publish the results. That injunction was arguably satisfied by the publication of Ehrenfried Pfeiffer’s book ‘Bio-Dynamic Farming and Gardening’ in 1938. The results reported in the present paper are Experimental Circle results that were subject to the secrecy provisions of the NDA at that time (1936), and are now finally revealed. Immanuel Voegele (1897-1959) recorded yields for five crops under Biodynamic (BD) management in the years 1931-1933, comparing these results to yields in the pre-BD years 1920-1926. He reported yield increases for potatoes to 55%, rye up to 48%, oats to 31%, wheat to 14%, and barley to 9%. Voegele was well credentialed and grounded to report on Biodynamics. He had studied agriculture at Stuttgart, he attended the Agricultural Course of Rudolf Steiner at Koberwitz, and he was an inaugural member of the Experimental Circle. Voegele had served as a farm manager at the Koberwitz estate of Count Carl Keyserlingk (1869-1928) (until 1925). He subsequently worked at the Biodynamic farm of Ernst Stegemann (1882-1943) at Marienstein. The present paper reports longitudinal yield results for five crops at Voegele’s farm at Pilgramshain, Silesia, Germany, before and after the conversion to BD. These early BD yield data were shared amongst ‘the faithful’ at the time, and only now publicly. From the high point of his reported successes with BD, life and prospects for Voegele would rapidly deteriorate. The Nazi regime was hostile to Rudolf Steiner, Anthroposophy, and Anthroposophic ventures (of which Biodynamics was one). All books by Rudolf Steiner were banned by the Nazis in 1935 (including the Agriculture Course). Germany invaded Poland in 1939 and slaughtered millions of Polish civilians, before eventually in 1945 the Russian Army routed the Nazi army. The Russians marched on ‘Fortress Breslau’ and on to Berlin, sparking a mass westward exodus of Germans, including Immanuel Voegele. Territory, including Pilgramshain, was relinquished to Poland at the Potsdam Conference of 1945. Immanuel Voegele’s legacy of reported successes with Biodynamics at a time when secrecy prevailed is now shared.
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Koppensteiner, Hans-Georg, and María Paz García Rubio. "BGH, Urteil vom 20.10.1999 — Orient-Teppichmuster — Zur Frage der Irreführenden Gestaltung Einer Werbebeilage." European Review of Private Law 10, Issue 5 (2002): 699–708. http://dx.doi.org/10.54648/5103424.
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The decision of the German Federal Supreme Court was based on the following set of facts: The defendant was a sole trader in Berlin selling carpets and carpeting. As an insert in a Berlin newspaper he distributed the brochure “Fantastic Choice of Chinese carpets”. On page 4 of this, under the heading “consistent good value”, carpets with Persian patterns were pictured which bore descriptions such as “K. Medaillon-Moud”. “K. Birdjend” or “K. Herati”. The carpets concerned were machine made. The claimant, an association with legal personality, established in order to oversee compliance with the rules relating to unfair competition, considered that this advertisement was misleading and sought an injunction. As the basis for this it was alleged that the format of the brochure and the lay-out of the advertising would lead the reader to think, in the absence of any express reference to the fact that the carpets concerned were woven, that hand-knotted oriental carpets were being advertised. The courts at first and second instance allowed the claim for an injunction, but the Federal Supreme Court dismissed it. In substance the reason for this was that, in answering the question whether advertisements or leaflets conveyed a misleading impression, reference was not to be made to the passing consumer when the goods concerned were not without some value and were reasonably durable (here: carpets). The standard of care of the averagely well-informed and sensible average consumer, whose level of comprehension was decisive, depended on the situation in question. Furthermore, the expressions “passing” and “sensible” were not mutually exclusive. The reader of the advertising brochure in question, who was interested in the acquisition of a carpet, would also read the explanations in small print under each picture, and therefore would not be misled into thinking that an original oriental carpet was being advertised. The following authors examine the decision from the point of view of Spanish and Austrian law.
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Conway, Daniel. ""The Happiness of 'Slight Superiority'": Kierkegaard and Nietzsche on Resentment." Konturen 7 (August 23, 2015): 132. http://dx.doi.org/10.5399/uo/konturen.7.0.3655.
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My aim in this essay is to pair Kierkegaard with the German-born philosopher Friedrich Nietzsche (1844-1900). I am particularly concerned to juxtapose their complementary investigations into the etiology and operation of resentment, which both thinkers identified as exerting a powerfully retardant force within the bourgeois societies of late modern European culture. Indeed, both were concerned to demonstrate the extent to which the corrosive power of resentment had transformed the religious injunction to “love thy neighbor” into a culturally sponsored program to “beggar thy neighbor.” 
 The result of this pairing, or so I hope to demonstrate, is a productive division of philosophical labor: From Nietzsche, on the one hand, Kierkegaard’s readers may gain a clear sense of how a community founded on ressentiment may accommodate “healthy” expressions of comparative advantage and relative superiority. Even when exaggerated and amplified, however, these expressions pose no threat to the conservative, contractionary structure of the ethical life of the community in question. In particular, as we shall see, Nietzsche’s account of ressentiment may explain that, and why, the seemingly daring meditation conducted by Johannes de silentio in Fear and Trembling yields such a muddled and unsatisfying conclusion.
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Barth, Gerhard, and Dr Franz-Josef Zimmer. "The Olanzapine Patent Dispute: German Court Grants a Preliminary Injunction on a Patent Invalidated by the First-Instance Federal Patent Court." Biotechnology Law Report 27, no. 6 (2008): 532–36. http://dx.doi.org/10.1089/blr.2008.9902.
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Schmid, Andre. "Historicizing North Korea: State Socialism, Population Mobility, and Cold War Historiography." American Historical Review 123, no. 2 (2018): 439–62. http://dx.doi.org/10.1093/ahr/rhy001.
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Abstract The Cold War is far from over on the Korean Peninsula. Korean history—especially for the northern half—remains deeply shaped by the legacies of transnational anti-communism even as historians who study socialism in other settings have shed many of the Cold War–era assumptions about the extensive power of the state. By putting North Korea in a comparative perspective with other socialist countries such as the USSR, the People’s Republic of China, and the German Democratic Republic, this article suggests ways of integrating the constitutive power of social forces beyond the state into our histories of North Korea, as seen through an examination of population movement. Beginning with the dissolution of the Japanese Empire, the mobility of people has always been a politicized issue between the two Koreas. Historians have taken up this issue, yet dependence on sources produced by the North Korean state has led many narratives—however harshly critical of the regime—to reproduce within their own analytical frameworks key assumptions originally produced in Pyongyang in support of the personality cult. The result has been a cartoonish depiction of the North Korean state. By using a diverse set of public media as sources, this article shows that due to conflicting interests of migrants, factory managers, and central economic planners, many North Koreans moved into the cities despite administrative injunctions and the admonishments of Kim Ilsung. Asking questions about the limits of the state, rather than assuming its totalitarian capacity, becomes one way of escaping the historiographical legacies of the Cold War even as the politics of division continue to rage on the peninsula.
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Greenfield, N. M. "UNPACKING WALTER BENJAMIN’S SOCIOLOGY OF VIOLENCE AND WAR." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 2(58) (August 7, 2023): 6–15. http://dx.doi.org/10.20535/2308-5053.2023.2(58).285589.
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Conflict, violence and, ultimately, war are central to Walter Benjamin’s sociology of language. Using biblical language, his earlies work shows that after the fall of man, language becomes a vessel to be filled by the usurper, a tool, he uses that bends others to his will, as Satan does in Paradise Lost. Benjamin’s study of German Trauspiels, mourning plays similar to Hamlet and Richard III, leads him to posit that the law and constitutional structures in the Baroque period are of single importance in understanding the role of conflict and violence. In “Towards a Critique of Violence,” Benjamin makes two key arguments. The first is that a workers’ general strike” is a legitimate form of violence and that the state’s response, often military, is not. The second is that the Commandment “Thou Shalt Not Kill” is misunderstood because it does not contain a penalty and, secondly, it cannot be a blanket injunction; Jewish law, he notes, allowed for self-defence. His best-known works, “The Work of Art in the Age of Mechanical Reproduction” and “Theses on the Philosophy of History,” are written after his turn to Marxism associated with the Frankfurt School. In the first, in addition to showing how mechanical reproduction destroys the “aura” of art, he is concerned with how Fascist art, such a Leni Riefenstahl’s films glorifying Hitler. These performances are designed to “absorb” or overawe viewers, making them quiescent, silent participants in the power play that leads to conflict and, ultimately war. Using quasi-religious language, the Theses deconstruct “historicism,” showing how Rankian history sides with the victors, the Great Men and Women of History at the expense of the ruled. He argues that each generation can redeem the past by “brushing history against the grain” and using discontinuities to show the violence and conflict that historicists seek to hide.
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Fawenu, Bamidele Olusegun. "nexus between tithing and prosperity in United Missionary Church of Africa, Nigeria." Oguaa Journal of Religion and Human Values 6, no. 2 (2021): 65–100. http://dx.doi.org/10.47963/ojorhv.v6i2.871.
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Tithing, which refers to the practice of giving one-tenth of one‟s income or produce for religious purposes, is a prominent Judaeo-Christian pactice. Extant studies have focused more on the controversy surrounding the applicability of the Old Testament tithing law to Christians than its connection to the lived experience of tithers. Therefore, this study juxtaposes the practice of tithing with lived experiences of tithers in United Missionary Church of Africa (UMCA), Northcentral Nigeria with a view to ascertaining the extent to which compliance to the tithing injunction elicits God‟s blessing. This enquiry becomes germane due to the emphasis of pro-tithing churches on the inevitable nexus between prosperity and tithing. In-depth interviews were conducted on 32 purposively selected pastors and deacons: eight from each of the four language-groups districts — English-speaking district (ESD), Nupe-speaking district (NSD), Yoruba-speaking district (YSD) and Hausa-speaking district (HSD) — of UMCA. Copies of a questionnaire were administered on 757 randomly selected church members across the four language-group districts. Qualitative data were subjected to content analysis, while quantitative data were subjected to percentages. UMCA mmbers think of blessing attached to tithing largely as economic emancipation, health and security. However, the survey shows that occasional tithers experienced sickness: ESD (44.4%), NSD (54.3%), YSD (32.2%) and HSD (42.0%); financial difficulty: ESD (45.1%), NSD (78.3%), YSD (49.3%) and HSD (58.6%); and robbery: ESD (23.8%), NSD (16.0%), YSD (16.4%) and HSD (14.0%). Also, regular tithers avowed experiencing sickness: ESD (42.4%), NSD (77.9%), YSD (41.7%) and HSD (53.2%); financial difficulty: ESD (53.8%), NSD (95.4%), YSD (66.3%) and HSD (61.6%); and robbery: ESD (32.0%), NSD (27.7%), YSD (30.2%) and HSD (18.9%). Conversely, a good percentage of non-tithers claimed that they do not have such experiences in connection to defaulting in tithing; ESD (55.6%), NSD (66.7%), YSD (70.0%) and HSD (78.6%). The paper argues that a balanced teaching on material prosperity that does not give false hope and expectations to people should be re-emphasised among Christians generally and in UMCA specifically.
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Tubert-Oklander, Juan. "Between Imagination and Rigour: A Response to Farhad Dalal’s Article ‘The Analytic and the Relational: Inquiring into Practice’." Group Analysis 50, no. 2 (2017): 238–54. http://dx.doi.org/10.1177/0533316417708350.
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The relational perspective of analysis is a way of looking at, practising, and understanding the whole of analysis—including psycho-analysis, group-analysis, and socio-analysis—rather than a specific school of psychoanalysis. Farhad Dalal’s excellent article describes the evolution of his thinking and practice, from a classical analytic stance to a relational conception of it. There are two ways of conceiving and practising psychoanalysis, which he calls ‘the analytic’ and ‘the relational’, derived from two contrasting conceptions of the world and of life. This generates a split between theory and practice in analysis. Some practitioners adhere to the classical view, but are actually relational in their practice; others have adopted relational theory, but maintain the detached scientific attitude of the classical Freudian analyst. Freud’s abandonment of the traumatic theory of neuroses had unconscious sources that determined the injunction for analysts not to be relational. Group analysis, on the other hand, has been relational from the beginning. S.H. Foulkes had a contradiction between his adherence to Freudian theory and the revolutionary aspects of his thinking and practice—what Dalal calls ‘radical Foulkes’. The hierarchical, detached, and emotionally closed off form of relating prescribed by classical analysis is anti-therapeutic. By contrast, the kind of therapeutic relation that Dalal strives to develop has connotations with engagement, reciprocity and mutuality, and may generate corrective emotional experiences. But human events are never fully explained or predictable, so that the corrective emotional experience is an occurrence, not a technique. The analyst works in a radical uncertainty and can only be guided by his intuition, which has then to be checked by rational critical analysis. This generates a dialectic tension between imagination and rigour, which must be kept and nursed, not solved. This corresponds to an analogical hermeneutic stance, which rejects both the dogmatic univocality of Modernism and the relativistic equivocality of Postmodernism. The analyst must respond with his whole being, and this being must be developed through a process of personality development, not training but formation (Bildung in German). This implies a particular epistemology, ontology, axiology, and ethics, a whole Weltanschauung and Lebensanschauung that includes the Golden Braid of thinking, feeling, and acting, on a basis of relating.
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Rodríguez Rodrigo, Juliana. "Aplicación del foro del Artículo 5.3 del reglamento 44/2001 en casos de víctimas indirectas. Comentario a la sentencia del Tribunal de Justicia de la Unión Europea, 21 diciembre 2016, Concurrence, C-618/15 = Rule of jurisdiction of Article 5.3 Regulation 44/2001 in cases of indirect victims. Commentary of Judgment of the Court, 21 december 2016, Concurrence, C-618/15." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (2018): 620. http://dx.doi.org/10.20318/cdt.2018.4143.
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Resumen: En esta sentencia, el Tribunal de Justicia responde a una cuestión prejudicial planteada por la Cour de Cassation francesa, en relación con un litigio surgido de un contrato de distribución selectiva entre Samsung y la empresa francesa distribuidora Concurrence. En virtud de este contrato, Concurrence sólo podía revender los productos ELITE de Samsung a través de su tienda física, no mediante su página web. La empresa distribuidora infringe esta cláusula y comercializa los productos vía on line. Ante este incumplimiento contractual, Samsung rescinde el contrato y Concurrence demanda a la empresa proveedora porque, según dice, Amazon también vende esos productos de Samsung en su página web, con su consentimiento. También solicita que Amazon cese en su comportamiento por el perjuicio que le ocasionan sus ventas on line. La cuestión prejudicial se plantea entorno a esta última acción de cesación planteada por Concurrence contra Amazon Reino Unido, Amazon Alemania, Amazon España y Amazon Italia. El Tribunal de Justicia considera que los tribunales franceses deben ser competentes por el artículo 5.3 del Reglamento 44/2001 –actual artículo 7.2 del Reglamento 12125/2012–, si en Francia la empresa Concurrence ha sufrido daño debido a las reventas realizadas por Amazon a través de esas páginas web ubicadas fuera de Francia. En este caso, siendo el demandado Amazon Reino Unido, Amazon Alemania, Amazon España y Amazon Italia, ni por el domicilio del mismo ni por el lugar del hecho ilícito, los jueces franceses podrían ser competentes, sólo podrían serlo por el lugar del daño.Nosotros entendemos que Concurrence es una víctima indirecta del comportamiento de Amazon y que, por lo tanto, no se puede aplicar el foro del artículo 5.3 del Reglamento 44/2001 –actual artículo 7.2 del Reglamento 1215/2012– en este caso.Palabras clave: contrato de distribución selectiva, prohibición de reventa on line, foro especial en materia delictual, víctima indirecta.Abstract: In this judgment, the Court answers to a prejudicial question held by French Cour of Cassation, regarding to a litigation on a selective distribution agreement between Samsung and Concurrence. This contract disposes that Concurrence only can resell the Samsung ELITE products through the products on line. For this reason, Samsung ends their relationship and Concurrence bringsan action against it because it says that Amazon also sells these products of Samsung on its webpage. In addition, Concurrence sues Amazon to withdraw the sales of these products because of the damage suffered for them. The prejudicial question is regarding this action for an injunction prohibiting unlawful interference, between Concurrence and Amazon United Kingdom, Amazon Germany, Amazon Spain and Amazon Italy. The Court considers the French jurisdiction has to apply the rule of article 5.3 Regulation 44/2001 –article 7.2 Regulation 1215/2012–, in case of there are damages suffered by Concurrence in France due to sales of Amazon on these webpages situated out of France. Following the Court, in this situation, as the defendant would be Amazon United Kingdom, Amazon Germany, Amazon Spain and Amazon Italy, the French jurisdiction couldn`t be competent by domicile of defendant neither by place where harmful event occurred. It only could be competent by the place of occurred damage. We consider that Concurrence is a indirect victim and, so that, couldn`t apply the article 5.3 Regulation 44/2001 –article 7.2 Regulation 1215/2012– in this case.Keywords: Selective distribution agreement, Prohibition on online resale, Tort, delict or quasidelict rule of jurisdiction, indirect victim.
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Paull, John, and Pawel Bietkowski. "Stanisław Karłowski (1879-1939): Pioneer of Biodynamic Farming and Organic Agriculture in Poland." Advances in Social Sciences Research Journal 9, no. 7 (2022): 358–87. http://dx.doi.org/10.14738/assrj.97.12692.
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Stanisław Karłowski (1879-1939) was one of the great champions of Biodynamic farming during its formative years. After an illustrious career as an international banker, in 1920 he purchased the Szelejewo Estate in Poland comprising 1,724 hectares. Rudolf Steiner (1861-1925) presented his Agriculture Course at Koberwitz (now Kobierzyce, Poland) in the summer of 1924. Rudolf Steiner called for farming to be based on natural and biological principles and the farm to be considered as an organism. His seminal course laid the grounds for the subsequent development of Biodynamic and organic farming. Stanisław Karłowski encountered Biodynamics in 1929. He converted his Szelejewo Estate to Biodynamics, thereby creating what was, at the time, likely the largest Biodynamic (BD) farm in Europe, and perhaps the world (c.f. Ehrenfried Pfeiffer’s farm, Loverendale, Netherlands, was 320 hectares). Stanisław Karłowski published a series of seven booklets (in Polish) promoting the practice of Biodynamics (including a translation of Ehrenfried Pfeiffer); these are believed to be the first Biodynamics publications in Polish. Stanisław Karłowski ran courses on Biodynamics at his Estate and made BD preparations available. He engaged in lively debate and advocacy for Biodynamics in Poland’s ‘Agricultural Gazette’. He implemented Rudolf Steiner’s injunction to test the ideas of the Agriculture Course and he published his results and observations in ‘Demeter’, the leading Biodynamics journal of the time. With a leading Polish Anthroposophist artist, Franciszek Siedlecki, he developed advertising material for Biodynamic bread from his Szelejewo Estate. Stanisław Karłowski was a member of Rudolf Steiner’s ‘Experimental Circle of Anthroposophic Farmers and Gardeners’, the ‘inner sanctum’ of those pioneering the development of Biodynamics in its gestational years of the turbulent interwar period. He founded an association to progress biological farming practices. The breadth and depth of Stanisław Karłowski’s dedication to Biodynamics flags him as an exceptional member of the Experimental Circle. He brought to the task an economic viewpoint, the attention to detail of a banker, and the independence of thought of a non-Anthroposophist. Within weeks of the German invasion of Poland, Stanisław Karłowski was executed by a Nazi firing squad in the town square of Gostyń, his wife was deported, his beloved Szelejewo Estate was appropriated by the Nazis, and Poland was extinguished as a sovereign state. The present paper establishes Stanisław Karłowski as a pre-eminent pioneer and champion of Biodynamic and organic agriculture.
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Stierle, Martin, and Franz Hofmann. "The Latest Amendment to the German Law on Patent Injunctions: The New Statutory Disproportionality Exception and Third-Party Interests." GRUR International, September 19, 2022. http://dx.doi.org/10.1093/grurint/ikac101.
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Abstract Germany is a prominent jurisdiction for patent litigation. After a long and controversial discussion between stakeholders, the legislator amended the law on injunctive relief in summer 2021 and introduced a statutory disproportionality exception. This article gives an overview of the background to the reform and describes and analyses its implementation, the methodology to assess disproportionality, and the relation to the law on compulsory licensing as well as the special regime for standard-essential patents. The paper focuses particularly on the most controversial ground for denying an injunction: third-party interests in the infringing implementation of the invention.
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"Round-up of national decisions on online intermediaries and platforms 2023." Journal of Intellectual Property Law and Practice, January 24, 2024. http://dx.doi.org/10.1093/jiplp/jpad120.
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Abstract Online enforcement of intellectual property rights has for a long time relied on the involvement of online intermediaries and platforms. Besides injunctions against ‘innocent’ intermediaries, questions surrounding the type of and conditions for establishing liability of online intermediaries and platforms have also gained increasing prominence. In Europe, for example, the Court of Justice of the European Union (CJEU) has repeatedly tackled these issues. European Union (EU) legislature has also legislated in this area: on the one hand, Article 17 of Directive 2019/790 is premised on the direct responsibility of certain types of online platforms—online content sharing service providers—for user-uploaded content; on the other hand, the Digital Services Act (Regulation 2022/2065), while reiterating the importance of safe harbours for online intermediaries, has introduced due diligence and transparency obligations that are not premised on any liability of their addressees. In 2023, national courts in Australia, Czech Republic, Germany, Italy, the Netherlands, Poland and Spain delivered a series of important rulings in connection with the treatment of online intermediaries and platforms This contribution provides a round-up of the most significant judgments issued in the period 1 January to 31 December 2023, with a special focus on copyright. The analysis is divided by area (liability of online intermediaries and platforms, enforcement aspects and other issues) and country (Australia, the Czech Republic, Germany, Italy, Poland and Spain).
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Passeron, Thierry, Henry W. Lim, Chee Leok Goh, et al. "Sun exposure behaviours as a compromise to paradoxical injunctions: Insight from a worldwide survey." Journal of the European Academy of Dermatology and Venereology, August 23, 2023. http://dx.doi.org/10.1111/jdv.19421.
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AbstractBackgroundBehavioural interventions can improve attitudes towards sun protection but the impact remains inconsistent worldwide.ObjectiveTo assess awareness of and attitudes towards the multiple facets of sun exposure and suggest ways to improve prevention from overexposure to the sun in all geographical zones and multiple skin types.MethodsOnline survey was conducted from 28 September to 18 October 2021. Study population was selected from the Ipsos online Panel (3,540,000 panellists), aged ≥18 years, from 17 countries around the five continents. Demographics, sun‐exposure habits and practices, understanding of risks and information on phototypes were documented and analysed using descriptive statistics.ResultsEighty‐eight per cent of participants knew that sunlight can cause skin health problems (90% phototypes I‐II, 82% phototypes V‐VI, >90% in American and European countries, 72% in Asia and 85% in Africa). Eighty‐five per cent used some form of protection against sunlight, predominantly: Seeking shade (77%), avoiding the midday sun (66%), facial application of sunscreen (60%) and wearing protective clothing (44%). The perception of sunlight itself is positive (‘it gives energy’ for 82%; ‘tanned skin looks attractive’ for 72%), although less in Asian countries and among individuals with dark skin phototypes. Eighty‐three per cent reported having experienced sunburn, mainly in Australia, Canada, USA, Germany, France and Russia, and among individuals with dark skin phototypes. Only 12% systematically/often used all types of protection during exposure to the sun and 23% believed it is safe to go out in the sun with no protection when their skin is already tanned. From 13% (skin phototype I) to 26% (phototype VI) reported not using any form of protection against the sun. Knowledge and habits were significantly superior among people who are accustomed to seeing a dermatologist for a complete skin exam.ConclusionsDermatologists could play a crucial role in relaying novel prevention messages, more finely tailored to specific risks, populations and areas of the world.
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"Federal Constitutional Court Issues Temporary Injunction in the NPD Party Ban Case." German Law Journal 2, no. 13 (2001). http://dx.doi.org/10.1017/s2071832200003746.
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German Law Journal reported last November on the German Government's plans to take the extraordinary move of seeking a constitutional ban of the extreme right-wing National Democratic Party of Germany. At the end of January, 2001, the Federal Government filed its motion for a ban of the NPD with the Federal Constitutional Court in Karlsruhe. At the end of March, 2001, the Bundestag (Federal Parliament) and the Bundesrat (Federal Legislative Chamber of the States) followed with separate motions. The Federal Constitutional Court now has before it three separate actions, raising distinct claims and presenting distinct evidence, seeking the constitutional excommunication of the NPD. The motions present a unified front from every political sector of the German constitutional order: the executive, the legislature and the Länder (federal states). This lock-step approach to the effort to ban the NPD was part of the master-scheme of Federal Interior Minister Otto Schily, who pressed hard to gain support for the move to seek a ban from all mainstream political parties and all the Länder, at least in part to limit the political fall-out in the case that the Constitutional Court finds against the motions.
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Hess, Felix K. "US anti‐suit injunctions and German anti‐anti‐suit injunctions in SEP disputes." Journal of World Intellectual Property, June 23, 2022. http://dx.doi.org/10.1111/jwip.12240.
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Picht, Peter Georg, and Jorge L. Contreras. "Proportionality Defenses in FRAND Cases: a Comparative Assessment of the Revised German Patent Injunction Rules and U.S. Case Law." GRUR International, March 18, 2023. http://dx.doi.org/10.1093/grurint/ikad024.
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Abstract In August 2021, the ‘Second Act for the Modernization of Patent Law’ (Zweites Patentrechtsmoderni-sierungsgesetz) introduced an explicit proportionality defense into Sec. 139(1) German Patent Act. Unlike the competition law or national contract law prong of the Huawei defense in FRAND cases, the proportionality defense thus derives from the GPA itself. The new provision has already generated much debate and some initial case law. According to public knowledge, however, it has not yet been raised in a German FRAND case, although it seems inevitable that this will happen. Hence, this article offers to market participants and the judiciary a proposed analytical framework for considering such a proportionality defense in German FRAND cases. For this purpose, it undertakes a comparative assessment of U.S. patent injunction law. As to German law, the focus is on whether the proportionality defense and the FRAND license defense can be raised in parallel, whether FRAND royalties are a suitable basis for calculating an appropriate financial compensation under Sec. 139(1)(4) and how a court should assess whether the impact of an injunction in a FRAND case triggers the proportionality defense.
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Dijkman, Léon E. "Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?" GRUR International, December 27, 2020. http://dx.doi.org/10.1093/grurint/ikaa177.
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Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.
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Baron, Justus, Santiago Bergallo, and Eric Sergheraert. "Empirical Analysis of the German Caselaw on SEP Injunctions after Huawei v ZTE." SSRN Electronic Journal, 2024. http://dx.doi.org/10.2139/ssrn.4834210.
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Semenov, Vadym. "Between exclusivity and flexibility: proportionality and permanent injunctions in German, English and US patent disputes." Journal of Intellectual Property Law & Practice, October 29, 2019. http://dx.doi.org/10.1093/jiplp/jpz135.
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Perry, Julia. "Challenges of anticipation of future decisions in dementia and dementia research." History and Philosophy of the Life Sciences 44, no. 4 (2022). http://dx.doi.org/10.1007/s40656-022-00541-8.
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AbstractAnticipation of future decisions can be important for individuals at risk for diseases to maintain autonomy over time. For future treatment and care decisions, advance care planning is accepted as a useful anticipation tool. As research with persons with dementia seems imperative to develop disease-modifying interventions, and with changing regulations regarding research participation in Germany, advance research directives (ARDs) are considered a solution to include persons with dementia in research in an ethically sound manner. However, little is known about what affected people deem anticipatable.This contribution provides a critical reflection of the literature on anticipation and of a qualitative study on the assessment of ARDs with persons with cognitive impairment in Germany. It combines theoretical and empirical reflections to inform the ethical-legal discourse.Anticipation involves the conceptual separation of the past, the present, and the future. Including dimensions such as preparedness, injunction, and optimization helps in establishing a framework for anticipatory decision-making. While dementia may offer a window of time to consider future decisions, individual beliefs about dementia including fears about stigma, loss of personhood, and solitude strongly impact anticipating sentiments. Concepts of anticipation can be useful for the examination of uncertainty, changing values, needs, and preferences interconnected with the dementia trajectory and can serve as a means to make an uncertain future more concrete. However, fears of losing one’s autonomy in the process of dementia also apply to possibilities of anticipation as these require cognitive assessment and reassessment of an imagined future with dementia.
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Maurer, Andreas. "Federal Constitutional Court To Decide Whether to Issue a Temporary Injunction Against Germany's New Lifetime Partnerships Law for Homosexual Couples." German Law Journal 2, no. 12 (2001). http://dx.doi.org/10.1017/s2071832200003680.
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On July 18, 2001, the Bundesverfassungsgericht (German Federal Constitutional Court) will issue its ruling in the application for a temporary injunction, brought by the Länder (Federal States) of Bavaria and Saxony, to block the August 1 effective date of the new federalLebenspartnerschaftgesetz(LPartG — Registered Lifetime Partnership Act for Homosexual Relationships). This act has been the subject of considerable controversy including the claims at the heart of the Federal States' challenge to the constitutionality of the statute. This article will: (a) briefly survey the social evolution that has necessitated the regulations in this statute; (b) describe some of the statute's provisions; and (c) end by summarizing some of the sometimes harsh and often very emotional arguments involved in the debate over the LPartG and raised as part of the challenge to the statute's constitutionality in the proceedings before the Federal Constitutional Court.
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Picht, Peter Georg, and Jorge L. Contreras. "Proportionality Defenses in FRAND Cases - A Comparative Assessment of the Revised German Patent Injunction Rules and US Case Law." SSRN Electronic Journal, 2022. http://dx.doi.org/10.2139/ssrn.4231923.
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"German Federal Constitutional Court: In the Proceedings on the Constitutional Complaint of Mr. Al-M., and His Motion for a Temporary Injunction." International Legal Materials 43, no. 4 (2004): 774–88. http://dx.doi.org/10.1017/s0020782900007671.
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Camus, Solène. "‘“But will I write disgustingly?” The Shock of Transmission in Martin Amis’s The Zone of Interest’." Études britanniques contemporaines 66 (2024). http://dx.doi.org/10.4000/11r4o.
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This article explores the way British writer Martin Amis approaches the issue of the transmission of the trauma of the Holocaust in his novel The Zone of Interest (2014). Amis offers to engage once again with the genre of perpetrators fiction as the novel adopts the point of view of Nazi officials and recounts the daily lives of officers working in a nameless camp meant to resemble Auschwitz. Amis thus returns to a literary tradition that has long been reflecting on the possibility and ethics of writing about the trauma of the Shoah. This article will recontextualize the publication controversy that erupted after Amis’s French and German editors refused to publish the text. It then intends to follow Marianne Hirsch and Leo Spitzer’s injunction to ‘scrutinize the “acts of transfer”’ so as to identify the narrative mechanisms used in the novel to transmit the horror of the Holocaust. This paper will examine how Amis uses the paratext of his novel to question his approach to the memory of the Shoah and to situate his position regarding the matter. Yet the publishing controversy suggests that Amis’s intention of creative transmission might be threatened by the very way of telling history. In light of Rita Felski’s work on the reader’s engagement with a text, this paper will therefore determine how Amis resorts to using shock and disgust as a way of letting something of the Holocaust ‘pass through’ while challenging the aesthetic pleasure one might experience in reading those testimonies.