Declaration of injunction
Introduction
In Germany, a cease-and-desist declaration is a legal document in which a person or company undertakes to refrain from certain conduct. This statement is often used after a warning. In this article, we consider the cease-and-desist letter in the context of competition law, copyright law, employment law, and other cease-and-desist letters.
Cease and desist declaration in competition and copyright law
Definition
In competition and copyright law, a cease-and-desist declaration is often issued in response to a warning letter. It is used to put an end to an alleged infringement of rights, such as trademark infringement or copyright infringement, without going to court.
Content
Such a cease-and-desist declaration usually contains an obligation to refrain from the offending conduct and the payment of a contractual penalty in the event that the declaration is violated.
Cease and desist letter in labor law
Definition
In employment law, a cease-and-desist letter can be used if the employee has violated obligations under the employment contract. In this case, the employer may request the employee to make a declaration that he will refrain from the offending conduct in the future.
Content
The cease-and-desist letter in employment law should precisely describe the conduct to be ceased and indicate possible consequences in the event of a violation. Unlike in competition law, contractual penalties are rather unusual here.
Other cease and desist letters
In other areas of law, such as landlord and tenant law, a cease and desist letter may also be used. For example, a landlord may require a tenant to sign a cease-and-desist letter if the tenant has repeatedly disregarded the house rules.
Conclusion
The cease-and-desist declaration is an important instrument for stopping certain types of conduct and avoiding legal disputes. Depending on the area of law, the requirements and contents of a cease-and-desist declaration may vary.
Comma separated list of 15 wordpress tags:
Cease and desist letter, warning letter, competition law, copyright, employment law, contractual penalty, infringement, legal obligation, employer, employee, tenancy law, cease and desist, contract law, trademark protection, legal agreement
