Übersetzung für "Infringing party" in Deutsch

Where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity, a Party may lay down that the judicial authorities may order in favour of the injured party the recovery of profits or the payment of damages, which may be pre-established.

Furthermore, due to the direct apphcability ofthe prohibition contained in Article 86, the judge may order the infringing party to cease the behaviour constituting abuse of its dominant position, and even compel this party to act in order to eliminate the effects of such behaviour (specific performance).

Court proceedings against the infringing party in the form of a provisional injunction or a legal action may optionally be initiated in parallel.

By participating in the "Foto Community" Sommercard photo contest, you affirm that you are the sole creator and owner of all rights of the photo files you submit, and that you are not infringing upon third-party rights pertaining to those persons or objects depicted on the photos.

Unless otherwise agreed, the Supplier shall provide the Supplies in the country of the place of delivery onlay, without infringing any third-party industrial property rights and copyrights (hereinafter referred to as “IPR”).

The same shall apply, if the Provider is called upon by a third party to alter or delete any content on hosted websites on account of such content allegedly infringing third-party rights.

Unless otherwise agreed, the Supplier shall provide the Supplies in the country of the place of delivery onlay, without infringing any third-party industrial property rights and copyrights (hereinafter referred to as "IPR").

In particular, this list not being exhaustive, firearms, objects presenting racist, pornographic, violent content without being a piece of art, as well as any mark, brandname, figure clearly infringing any third party intellectual property right will be refused.

On the other side, the possibilities for patentees to proceed against an infringing party are manifold, wherein not only his claims e. g. on cessation and on compensation as well as additionally the claim on rendering accounts and disclosure about the channels of distribution are to be pointed out, but also effective proceedings in obtaining interlocutory injunctions for seizing immediate measures against infringements (see also point "General").

However such damages shall not exceed the loss which the infringing Party foresaw as a possible consequence of violation of contract at the time of conclusion of contract, or which it should have foreseen taking account of the circumstances which it knew or should have known.

Expert opinions on the protective capability and the infringement situation: We give our clients expert advice on the protectability of their inventions and any risk of infringing third-party rights.

Generally, bearing in mind the fact that Article 85 already specifies the sanction (i.e. nullity ofthe agreement) to be apphed to the infringing undertaking, requests for specific performance are submitted to the courts when a violation of Article 86 has been alleged: the infringing party may be obhged to actively execute all necessary acts for the purpose of eliminating the effects ofthe infringing behaviour, or to cease the unlawful act.

Only when an image is resized to a very small fraction like a thumbnail will the embedded information be lost, but then the image is of no value anymore to the copyright infringing party.

This exclusivity includes the right to enforce the patents against third party infringements.

The same applies to content which infringes third party rights in any other way.

Preliminary injunction proceedings are often used as a legal remedy against infringing parties at trade fairs.

You are responsible and liable yourself that your personalization does not infringe any third party rights.

The supplier warrants that the goods and their presentation do not infringe any third party rights.

Both general security and the massive infringement of third parties' rights demands a different way of thinking.

In any event, Austrian National Tourist Office assumes no liability whatsoever for copyright infringements of third parties.

The Provider shall only be liable for the infringements of third party rights at the place of contractual use of the service.

The possibility still exists that Eastern European countries will inequitably and unjustly be deprived of the reward they would have received for fulfilling their actual emission reduction commitments in the Kyoto system, while infringing parties will face no penalties whatsoever.

The issuer of a structured finance instrument or a related third party infringes Article 8a(2) by not providing access to the password-protected website that it manages to credit rating agencies fulfilling the conditions under Article 8 a(2).

In particular, NCAs should inform the parties under investigation of the preliminary objections raised against them under Article 101 or Article 102 TFEU in the form of a statement of objections or a similar measure prior to taking a decision finding an infringement, and those parties should have an opportunity to make their views on those objections known effectively before such a decision is taken.

Where the licensor and the licensee are both active on the same product market or the same technology market without one or both parties infringing the intellectual property rights of the other party, they are actual competitors on the market concerned.

This omission is serious because in an infringement case a party may need to be able to show that access to parts of a program not required for interoperability was an unauthorised act and therefore infringing.

In addition, where no agreement is reached on the details of the FRAND terms following the counter-offer by the alleged infringer, the parties may, by common agreement, request that the amount of the royalty be determined by an independent third party, by decision without delay.

Furthermore, in cases of agreements settling disputes about alleged patent infringements, the parties have chosen to notify so as to avoid any possible doubt as to the legality of their transaction.