Die Zwangsvollstreckung von Unterlassungspflichten im Schweizerischen Zivilprozessrecht (The Enforcement of Court Orders Granting Injunctive Relief under Swiss Civil Procedure Law)

2007 ◽  
Author(s):  
Christian Koelz
Keyword(s):  
Civil Procedure ◽  
Injunctive Relief ◽  
Court Orders

Old wine in a new bottle? Assessing the injunction remedy for intellectual property disputes in China

2021 ◽  
Vol 11 (3) ◽  
pp. 295-313
Author(s):  
Peicheng Wu ◽  
Charlie Xiao-chuan Weng
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Civil Procedure ◽  
Injunctive Relief ◽  
The Us ◽  
Intellectual Property Infringement ◽  
Judicial Interpretations

The landmark eBay case in the US has noticeably influenced Chinese judicial practices concerning intellectual property injunctions. The injunctive relief in intellectual property infringement cases in China has witnessed a change from a traditional automatic-granting approach to a more equitable approach. However, there are still some issues, namely: the standards of awarding injunctive relief in intellectual property cases are unclear; the civil law tradition and procedure can create issues when applying for injunctions; and the scope of the injunction could be disproportionate in certain cases. In order to address these concerns, China needs to publish judicial interpretations to clarify that the eBay test can be applied to both preliminary injunctions and permanent injunctions. China should further polish up its civil procedure legislation to enable a permanent injunction to be effective immediately, even at the first instance, and to allow the parties to an intellectual property contract to have agreements on conditions of applying for injunctive relief. Additionally, Chinese courts should adopt a proportionate method in determining cases regarding intellectual property injunctions.

Collective Proceedings

2021 ◽  
pp. 240-269
Author(s):  
European Law
Keyword(s):  
European Union ◽  
European Commission ◽  
Civil Procedure ◽  
The European Union ◽  
Collective Interest ◽  
The Third ◽  
Collective Redress ◽  
Injunctive Relief ◽  
Sectoral Approach

This chapter assesses the mechanisms for collective redress under the European Rules of Civil Procedure. Part XI of the Rules adopts a broad, non-sectoral approach, which is consistent with approaches across many European jurisdictions and was the approach by the European Commission in 2013. It is, however, broadly consistent in approach with that taken by the European Union in 2013 and 2018. This Part is divided into four sections, each of which deals with different mass harm situations. The first concerns collective injunctive relief (Collective Interest Injunctions); the second concerns collective proceedings for the recovery of damages or for declaratory relief (Collective Proceedings); the third provides a mechanism to declare binding a collective settlement entered into by the parties to a pending collective proceeding; and finally, a mechanism to declare a collective settlement entered into outside of collective proceedings binding.

scholarly journals COURT FEES RELATED TO THE COURT ORDER FOR THE COMPETENT AUTHORITIES OF FOREIGN STATES

2020 ◽  
pp. 23-26
Author(s):  
T. Korotenko
Keyword(s):  
Competent Authority ◽  
Case Law ◽  
Civil Procedure ◽  
Official Language ◽  
Court Order ◽  
Interested Party ◽  
Foreign State ◽  
Procedure Code ◽  
Court Orders ◽  
The Right

The article explores the court fees related to the execution of court orders, which are addressed to the competent authorities of foreign states in civil cases with a foreign element. The Civil Procedure Code of Ukraine does not state that the costs associated with the execution of court orders, addressed to the competent authorities of foreign states, are court fees. Therefore, the questions on which of the above fees can be attributed to the courts fees and the procedure for their reimbursement are raised. The importance of clarifying these issues requires the application of the uniform approaches to such cases consideration in Ukrainian courts. It is determined as the main purpose of this article. The case-law shows that in most cases where a court needs to apply to a competent authority of a foreign state, the person concerned must pay for the certified translation of the statement of claim and the attached documents into the official language of the requested state and pay for service of documents. In our conclusions, we propose to divide the court fees associated with the execution of court orders addressed to the competent authorities of foreign states, depending on the procedural actions that are being carried out, and to include the fees associated with the execution of court orders addressed to the competent authorities of foreign states, to the fees associated with the case, namely to the fees associated with other procedural acts necessary to the case consideration or to prepare for its consideration, which will ensure the right of the interested party to reimburse such fees in future.

13. Circumventing the trial through preventive orders

2019 ◽  
pp. 426-437
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
Criminal Offence ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Step Process ◽  
Notable Feature ◽  
Civil Court ◽  
Court Orders

This chapter examines a notable feature of the English legal system that has waxed and waned over the last decades—civil preventive orders. These are orders that may be made by a court sitting as a civil court; orders that contain prohibitions created by the court as a response to conduct by the defendant; and orders the breach of which amounts to a criminal offence. Thus, civil preventive order involves a kind of hybrid or two-step process (first, the making of the order according to civil procedure and, secondly, criminal proceedings in the event of breach), which has several implications for the criminal process and for the rights of defendants. More recently their form has been altered and their use moderated.

Case Management

2021 ◽  
pp. 89-95
Author(s):  
European Law
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Active Case ◽  
General Duty ◽  
Court Orders ◽  
Effective Case

This chapter details the provisions on case management under the European Rules of Civil Procedure. Rule 47 provides that ‘parties must present their claims, defences, factual allegations and offers of evidence as early and completely as possible and as appropriate to the careful conduct of litigation in order to secure procedural expedition’. In general, responsibility for the efficient and speedy resolution of disputes is shared between the court and parties. Rule 48 concerns the court control of proceedings. Meanwhile, Rule 49 sets out the court's general duty of active case management, which is part of the principle of co-operation. All European jurisdictions' procedural codes employ court orders or court directions as a means of communication between the court and parties in order to facilitate effective case management as provided in Rules 48 and 49. The process of rendering court orders under Rule 50 is intended to ensure that management under these Rules is carried out effectively and with sufficient respect for the parties' right to be heard.

scholarly journals ON THE ISSUE OF INSTITUTIONS OF INTERNATIONAL CIVIL PROCEDURE

2020 ◽  
pp. 37-40
Author(s):  
Ирина Александровна Крусс
Keyword(s):  
Legal Status ◽  
Civil Procedure ◽  
Court Decisions ◽  
Civil Proceedings ◽  
Recognition And Enforcement ◽  
Court Orders

В статье исследуются институты международного гражданского процесса. Определение правового положения иностранных лиц в российском гражданском процессе, установление подсудности по делам, осложненным иностранным элементом, проблемы исполнения судебных поручений иностранных судов и признания и приведения в исполнение иностранных судебных решений, решении арбитражей - вопросы, которые не перестают быть актуальными в настоящее время. The article examines the institutions of international civil procedure. Questions of the legal status of foreign persons in Russian civil proceedings, regarding the determination of jurisdiction in cases complicated by a foreign element, the procedure for executing court orders of foreign courts and the recognition and enforcement of foreign court decisions do not cease to be relevant.

Supervised and Unsupervised Parental Access in Domestic Violence Cases: Court Orders and Consequences

2006 ◽  
Author(s):  
Chris S. O'Sullivan ◽  
Lori A. King ◽  
Kyla Levin-Russell ◽  
Emily Horowitz
Keyword(s):  
Domestic Violence ◽  
Court Orders

Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases

2020 ◽  
Vol 24 (3) ◽  
pp. 363-388
Author(s):  
Philippe Kuhn
Keyword(s):  
Fiduciary Duty ◽  
Confidential Information ◽  
Breach Of Contract ◽  
Injunctive Relief ◽  
One Step

This article addresses monetary remedies in employment team move and misuse of confidential information cases. It argues that, after the Supreme Court's decision in One Step (Support) Ltd v Morris-Garner, negotiating (previously Wrotham Park) damages offer a useful additional compensatory tool in misuse of confidential information cases. They can help overcome some of the difficulties with ordinary contractual damages, equitable remedies for breach of fiduciary duty and confidence and limitations in injunctive relief. While One Step is restrictive overall, there is a real role for negotiating damages in employment cases where misuse of confidential information is the sole or predominant breach of contract. The well-established Faccenda approach is suggested for identifying the requisite confidential information.

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