Kluwer Copyright Blog

MAY 31, 2022

The liability privilege therefore also applies to cease and desist claims, unless a prior warning letter was sent and the allegedly infringing content was not taken down quickly enough after a reasonable review. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

DECEMBER 14, 2022

At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions.

Copyright 105

Copyright Cease and Desist Fair Use Publishing 105

Kluwer Copyright Blog

JANUARY 31, 2023

Under German law, there are no special rules governing liability in cases of intellectual property rights infringements. Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. The resulting conclusion in the BGH case law (e.g., Swan € 112

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52