Features of the recovery of the enforcement fee when concluding a settlement agreement at the stage of enforcementin the civil proceeding

Act Number 15 Year 2001 regarding Trademark has set the provisional charges. Provisional charges may be filed by the plaintiff while the investigation process of trademark infringement lawsuit in court of commerce is still ongoing. In a civil proceeding, the provisional charge must not be the primary charge, however the provisional charge that is set out in the Trademark Act has already concerned the primary charge. Actions that can be requested in the provisional charge according to Article 78 paragraph (1) in the Trademark Act include cessation of production, cessation of circulation of goods and / or services using Plaintiff's trademark illegally. Using literature study that utilizes primary legal materials and secondary legal materials as the research object, the results of the discussion are expected to be based on sufficient arguments to provide benefits for those who are interested to learn the trademark law enforcement.

Download Full-text

Do young adults substitute cigarettes for alcohol? Learning from the master settlement agreement

Review of Economics of the Household ◽

10.1007/s11150-016-9337-x ◽

2016 ◽

Cited By ~ 5

Author(s):

Vinish Shrestha

Keyword(s):

Young Adults ◽

Settlement Agreement

Download Full-text

Undoing the Legal Capacities of a Military Object: A Case Study on the (In)Visibility of Civilians

Law & Social Inquiry ◽

10.1111/lsi.12284 ◽

2017 ◽

Vol 42 (02) ◽

pp. 377-397 ◽

Cited By ~ 3

Author(s):

Martina Kolanoski

Keyword(s):

Armed Conflicts ◽

Membership Categorization Analysis ◽

Sequential Approach ◽

Object A ◽

Legal Documents ◽

Membership Categorization ◽

Field Notes ◽

Civil Proceeding ◽

The Military

International law dictates that actors in armed conflicts must distinguish between combatants and civilians. But how do legal actors assess the legality of a military operation after the fact? I analyze a civil proceeding for compensation by victims of a German-led airstrike in Afghanistan. The court treated military video as key evidence. I show how lawyers, judges, and expert witnesses categorized those involved by asking what a “military viewer” would make of the pictures. During the hearing, they avoided the categories of combatants/civilians; the military object resisted legal coding. I examine the decision in its procedural context, using ethnographic field notes and legal documents. I combine two ethnomethodological analytics: a trans-sequential approach and membership categorization analysis. I show the value of this combination for the sociological analysis of legal practice. I also propose that legal practitioners should use this approach to assess military viewing as a concerted, situated activity.

Download Full-text

Das Gebot der zivilprozessualen Waffengleichheit

10.5771/9783748928416 ◽

2021 ◽

Author(s):

Kilian Friedrich

Keyword(s):

Broad Spectrum ◽

Common Sense ◽

German Law ◽

General Definition ◽

Opposing Party ◽

Civil Proceedings ◽

Scope Of Application ◽

Civil Proceeding

In German law, the concept of ‘equality of arms’ in civil proceedings is widely accepted. Yet, its scope of application is still vague and in need of further clarification. While the basic idea that both parties to a civil proceeding should be able to fight each other with equal means and that every party should have the opportunity to present their case to the court in circumstances which do not place them at a substantial disadvantage vis-à-vis the opposing party seems to be common sense, the general definition offers a broad spectrum of possible interpretations with regard to various details. The paper discusses the meaning of the equality of arms principle in Germany.

Download Full-text