Today I would like to raise one issue, because many are hardly on their radar. That is the question of whether an injunction should be signed, which is part of a competition law or a copyright warning, even if the claim alleged therein appears to have been made and no other things, such as a possible abuse of rights, speak against a signature.

Of course, the explanations on this page do not change.

  • Don’t let short deadlines put you under pressure.
  • Do not sign the injunction attached to the warning without having checked it in advance. Even in the case of a legitimate warning, numerous traps and problems may lurk in the declaration of injunction.
  • Never contact the reminder in advance, either by phone or email.

A warning must always be properly examined and considered both for legal and business reasons. Although the system of warning/declaration of injunction may well make sense, the risks of an injunction must not be overlooked (see this article). This is particularly true in the commercial environment, i.e. if you have received a warning as the operator of an online shop or other online service. In a purely private environment, for example in file sharing issues, the risk assessment could come to a different conclusion.

The report in this article In the past, the reason mentioned often led to the fact that, although one no longer argued for one’s own claim in the context of an injunction, after signing an injunction, the big hammer for the client came at some point, because the opponent now invokes contractual penalties, some of which were even inadvertently caused by the signatory. By the way, third-party retailers on Amazon are particularly predestined for this type of procedure, because Amazon is hardly manageable for legally compliant behavior, even for professionals (for this you only have to look for a little in the posts in my blog). In addition, there is hardly a first first penalty that would be “cheaper” than an injunction procedure. Many Members certainly agree that legal practice is now often much more concerned with contractual penalties than with regulatory procedures.

Of course, this article did not discourage the intention in all cases and in principle from signing a declaration of injunction. However, the risks and legal issues must be examined in detail and the future situation must be considered as entrepreneurs. Hardly anyone should know how their own economic situation will develop over the next 30 years. Therefore, a way of thinking in the form “Then I must not commit the violation again!” is often too short-thought and does not consider the enormous legal and temporal dimension of an injunction as a contract.

Rather, the article is intended to warn against the fact that the hint often found via Google to sign an injunction, perhaps modified, in order to prevent an oh so bad injunction, does not mean in many company situations. such good advice is how it is always presented. The risk of an injunction is always underestimated in return.

In response to the question from the title of the article, there is therefore no real “yes” or “no”, as many information on the Internet on the subject of warnings suggests. Let me advise you and we will find a viable solution for the future, which considers the specific situation, the personal risk and the financial situation as a single entity.

Marian Härtel ist spezialisiert auf die Rechtsgebiete Wettbewerbsrecht, Urheberrecht und IT/IP Recht und hat seinen Schwerpunkt im Bereich Computerspiele, Esport, Marketing und Streamer/Influencer. Er betreut Startups im Aufbau, begleitet diese bei sämtlichen Rechtsproblemen und unterstützt sie im Business Development.

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