General Meeting and Internal Management. Agreements and Internal Management. Disclosure, Remedies and Management Duties. Shareholders and Dealings with Third Parties. Governance of Groups in the UK. The Importance of Statutory Rules. The Role of Individual Shareholders. Governance of Groups in Germany. Shareholders and Internal Management.
Proximity and Objectivity in Monitoring. Which Monitoring Model is Better? Constraints an the Exercise of Shareholders' Powers. Points out methodological drawbacks of previous empirical studies and provides suggestions on how to avoid these problems in research practice. Beck, D Hardback, ca. Durch dieses Werk kann sich der Praktiker in kurzer Zeit mit allen wesentlichen Problemen des Gesellschaftsrechts vertraut machen.
Rechtliche Stellung der Gesellschafter. However, there is a persistent danger of moral hazard on the part of directors and shareholders, particularly in closely held or private companies. It will be an invaluable guide for those wishing to understand how the protective mechanisms operate and interact with each other, and how they do so in quite different ways in the two jurisdictions.
Avoidance of acts that are detrimental to creditors 3. Capital maintenance and unlawful distribution 4. Directors' liability for contraventions of capital maintenance rules 5. Directors' liability for conduct in the vicinity of insolvency. Salzwasser Verlag, D Broschiert, ca. In the course of groundbreaking decisions, made by the European Court of Justice, a new legal platform for economic activity is made available in Germany. So far, it seems to be an attractive one. The fast and uncomplicated establishment of the company, as well as the rather liberal rules of capitalization, are typically perceived as advantages of the Limited compared to the German GmbH.
However, the limited; being a foreign type of company; is, first of all, an alien element in the German legal system Just , Preface. Also, the peculiarities, perspectives and risks of the limited are widely unknown to the general public. The purpose of this book is to provide an analysis of how an English private company limited by shares based in Germany may offer an alternative to German forms of business organization.
To begin with, I will shortly explain the history of British companies. This is then followed, firstly, by an overview of the types of companies in England, and, secondly, the two types of businesses known to British company law in which liability may be limited to the paid-in company assets. A discussion of the new rulings of the European Court of Justice ECJ , followed by the topics of freedom of establishment, incorporation theory and real seat theory are also presented. German Limited Liability Company The next chapter explicitly examines establishment and management of the limited according to English company law.
In general, a branch office of the foreign company is established to engage in business in Germany. This process, as well as the taxation and the applicability of German law on this branch office are discussed in the following section. The subsequent chapter focuses on the perspectives and risks, as well as the advantages and disadvantages of a limited operating in Germany, before a final conclusion is drawn. Sie bietet daher eine wertvolle Hilfe bei den Vertragsverhandlungen mit den Handelsvertretern und mit Unternehmen aus dem englischen Sprachraum.
Die relevanten deutschen Begriffe sind im Text drucktechnisch hervorgehoben. Neu ist ein kurzer Vergleich der britischen und der deutschen Vorschriften. Auflage ISBN , p. Wiley UK Hardback, ca. Explains the technicalities of German tax and business law in understandable terms. Provides a clear overview of how to set up a business in Germany. Supplies expert guidance by German practitioners Contents: International Aspects of Income Tax. Forms of Doing Business.
Commercial and Consumer Law. Strategic economic, investment, export-import, and business opportunities information.
German Law Accessible Klaus J. Written in English, this handbook is concerned with the German GmbH taking into account the current reform of the GmbH law and the Transformation Act which is of considerable importance for international concerns. Unlike other available publications on this subject this book covers both court decisions and current legal literature.
Formation of a GmbH. Assumption and loss of the status of shareholder. The book enables German law practitioners and corporate lawyers to explain to their clients and contact persons the German GmbH-law. Furthermore, it provides an indepth overview for foreign counsels and in-house lawyers. He has a long experience as counsel for foreign clients in the field of corporate law. Erwerb und Verlust der Gesellschafterstellung. Englische Ltd Die 2. Hopcroft ISBN , p. Handelsvertretervertrag nach deutschem Recht zweisprachig , 52 p. This collection examines the legal framework of joint ventures between English and German companies.
German Law & Investment
It addresses the laws in these two countries and draws helpful comparisons. The contributions point out pitfalls that lawyers who are not familiar with both German and English law are likely to overlook, which may cause major problems when joint venture companies are established. This book consists of four parts. The authors are specialists in this field, contributions are rich with their practical insights. The first part deals with the formation of a joint venture company. It discusses the types of companies which are usually used to establish joint ventures as well as the rights and obligations of members.
It also addresses the law and legal practice relating to memoranda of understanding, warranties and indemnities, joint venture agreements, valuation of contributions. Also describes the relevant laws protecting employees. This collection will be indispensable to practising lawyers and in-house counsel whose practice touches on Anglo-German business affairs. It will also be of real interest to legal academics concerned with European commercial or comparative law. Springer Verlag Hardback, ca. The book presents a clear and precise overview. Though the intention is to provide information that will prove valuable to all foreigners, particularly business people and lawyers advising clients with an interest in doing business in Germany.
Overview of the German legal system, its role in light of Germany's membership in the European Communities - Bernd Tremml How to establish or acquire a business in Germany Recognized forms of business organizations - B Tremml, B Buecker. Establishment of a company or branch office - T Fischl. Acquisition of closely held Companies — B Tremml. Valuation of business enterprises - B Tremml. Sturmfels Commercial law The law of contracts: General terms of business AGBs: A Stadler, M Luber.
Real-estate property law Germany: Law of public procurement: R Pietrzyk, KF Sturmfels. Electronic commerce - R Walch. Protection of internet domain names - W C. Principles of the legal regulation of attorney fees - S Sandrock. Notaries in Germany - C R. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers.
Globalisation of world markets proceeds with every-increasing speed, stimulated by developments such as a single European currency, even the smallest transactions frequently now include a cross-border element. The following key topics are addressed: Professional advisers involved in merger and acquisition activity in Germany, including bankers, independent lawyers or in-house counsel, tax consultants, accountants, public relations advisers, and actuaries, will find Corporate Acquisitions and Mergers in Germany an invaluable and reliable source of practical reference and information.
Kluwer Law, NL Hardback, ca.
Amendments
This shift from the uncertain business environment in which the 1st edition of this book appeared in calls for update. This new edition takes into account all the regulatory and judicial clarifications that have emerged during the intervening years, as well as the amendments that make use of the option not to apply the restrictive European model concerning defensive measures of target companies against public takeover attempts. Among the features of the Act and the legal framework it represents considered here are the following: German Public Takeover Law will greatly assist strategic and financial investors, their investment bankers, lawyers and other advisors in international and crossborder business to better understand what their German lawyers are advising them, as it facilitates communication between different legal cultures.
Legal Framework for Stock Corporations. Compliance Requirements in Share Acquisitions. German Partnership Limited by Shares. Overview of Defensive Measures. Supervisory Powers of the BaFin. Options of the Offeror after a Successful Offer. Options for Action and Their Limits. Securities Acquisition and Takeover Act. Stock Corporation Act Excerpt. German Corporate Governance Code. Stock Exchange Act Excerpt. Securities Trading Act Excerpt. Act against Restraints of Competition Excerpt.
Beck, D hardback, p. Verhandlung des Kaufvertrages Contents: Corporate Structure of a German Stock Corporation. Development of Takeover Law in Germany. Need for Efficient Takeover Regulations. Takeovers under the new Takeover Act. The Act on the Purchase of Securities and on Takeovers. These two jurisdictions have had to consider a number of issues, incl.
It also deals specifically with the issues arising from crossborder mergers between the two jurisdictions. Er stellt den Ablauf eines Insolvenzverfahrens dar, beschreibt die Sanierungsinstrumente des deutschen Rechts, insbesondere den Insolvenzplan. Gesetzestext der InsO in synoptischer Darstellung. Fritz Knapp Verlag Hardback, ca. Sections begin with an identification of the specific bankruptcy laws in force including laws dealing with reorganization as well as liquidation. Creation and enforcement of unsecured and secured debt in each of the countries. Protection of secured interests and legal distinctions between local and foreign creditors.
Detailed analysis of operation of the bankruptcy system in the subject countries. Standards that must be met to start a proceeding. How claims are asserted. The operation of any discharge provisions. The automatic stay in the international stage 15 Conflicting rights to assets. Ability to assert avoidance powers extraterritorially. Transfers to another worksite. Sale or purchase of a subsidiary or a plant. Works councils, unions, other employee representatives. Consequences of not following the law.
Political and social factors to be taken into account Contents: Formation of European Works Councils. Principles for co-operation with European Works Council. Role of the unions. Legal proceedings both before the courts and out of court selected jurisdictions.
Major publications For each jurisdiction: Pro Jahr sind 1 - 2 Teillieferungen mit den jeweils aktuellen Standards vorgesehen. Das Buch stellt insbesondere auch die Unterschiede zwischen der Besteuerung von Kapitalgesellschaften und Personengesell-schaften in Deutschland dar. Gesetzestexte und Rechtsverordnungen, z.
In February , the German government appointed the Council to prepare a detailed report on economic effects of a business tax reform, with special emphasis on a dual income tax. With regard to the latter, conceptual problems of tax law and of tax administration were to be addressed as well as possible transitional problems when implementing a dual income tax. This book presents an English version of the original report completed in April Deals with all areas of business law - from commercial and consumer law to environmental law, IP and litigation.
Covers corporate and personal taxation. Includes checklists and forms explaining essential information. VAT and other Transactional Taxes. Die weiteren Autoren, Dr. Kluwer Law Hardback, ca. Practitioners need am awareness of these differences and their import in order to avoid unexpected exposure and to understand tax treaties. They also present a detailed analysis of issues of international transfer pricing in Germany and Japan, highlighting both important differences and surprising similarities between the two legal systems.
Double taxation conventions DTCs raise a plethora of interpretational questions for the practitioner and student of tax law. This book provides the answers. Each chapter focuses on one article of the Convention and provides: In addition, the book offers an account of all German tax treaties, how they differ from the model provisions, and the potential practical impact of such differences.
The first two editions have been used by lawyers, tax advisers, and scholars all over the world. The authors have rethought many of the problems discussed, further improved their argument, amended their views where they have been convinced by opponents. As a rd result, this 3 edition of is a significantly enhanced version of one of the more seminal works in the tax law cannon and an important component in the libraries of practitioners and academics.
Sellier European Law Publ. It proves indispensable reading for tax practitioners confronted with interpretation conflicts in Japanese tax treaties or with transfer pricing problems in connection with Japan. Haley, ISBN , p. First imposed in , antitrust controls in Germany and Japan were the world's first outside the United States. Those enacted in Japan continue in force, whereas in Germany, following a decade of debate, the occupation legislation was superseded in by the Law Against Restraints of Competition. It compares in detail institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute.
This book reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during pre-surrender planning but also throughout the occupation.
It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan. The book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy. Regulatory competition caused by the globalization of markets is increasingly placing the traditional legal institutions of these jurisdictions under severe strain. This is especially true for the services markets. Of these, the markets for financial services and telecommunications services have to adapt most urgently.
These adaptations are already underway to varying extents and degrees, made possible by a mixture of de-regulation and re-regulation. In this volume, scholars from Germany, Austria, Switzerland, and Japan as well as high-ranking practitioners from various institutions lay out the theoretical foundations and means for these developments. Through critical analysis, the various contributions show what has been reached so far in Europe and Japan and what remains to be achieved in the future. Related materials, including notices and cooperation agreements, provide further reference and an introductory essay provides useful context for the current changes in the law.
Synoptic GermanEnglish text of the Act Against Restraints of Competition takes account of the Sixth Amendment of the Antitrust Act which came into force on January 1, , translations of a number of important statements by the German Federal Cartel Office, useful bibliography of English publications. Contracting Entity and Public Contract I. Principles of Public Procurement C. Awarding contracts above and below the threshold values II. Overview on the Award Procedure I. Types of award procedures II. Time limits and deadlines within the award procedures IV Selection of candidates V.
German Arbitration Law prior to 1 January Now, this hugely valuable publication provides the first full, detailed commentary in English on the German arbitration law, as well as on the rules of the German Institution of Arbitration DIS. Thirty-eight leading German lawyers and scholars deal comprehensively with the particular ways in which German law handles all arbitration matters, including the following and much more: A particularly useful chapter covers the use of the arbitration law in such specific areas of practice as banking, insurance, construction, maritime, and intellectual property.
With its clear, detailed discussion of the many issues that can arise in the course of commercial arbitral proceedings, Arbitration in Germany offers comprehensive guidance to all parties either planning to arbitrate in Germany or which are already involved in arbitral proceedings or arbitration-related court proceedings in Germany. In addition, the book will be an invaluable resource for understanding the Model Law in any of the many jurisdictions that have adopted that law.
Constitution of Arbitral Tribunal; P. Jurisdiction of Arbitral Tribunal; P. Conduct of Arbitral Proceedings; K. Making of Award and Termination of Proceedings; B. Recourse against Award; S. Recognition and Enforcement of Awards; S. Selected Areas and Issues of Arbitration in Germany. Ad Hoc Arbitration in Germany; S. Trade Arbitration in Germany; R. Maritime Arbitration in Germany; J. Construction Arbitration in Germany; C. Arbitration of Insurance Disputes in Germany; H. After a summary of the political and legal systems and of the sources of German law, the book discusses the general features of the administration of justice in civil cases.
Part I deals with the judicial organization of the German system. Courts and their members, bars and bailiffs are discussed. Finally, Part X discusses domestic and international arbitration. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The particular investigation undertaken here reveals three paradigmatic situations: These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive.
Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either non-implementation or incorrect implementation of directive, may bring an action against the State for breach of Community law.
Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States. The first lecture has been written by well-known Klaus Peter Berger. It deals with the new German Arbitration Act. At the end of the text is an English translation of the German Act. Kessedjian is heavily involved in the activities concerning this convention.
At the end the question is raised which mechanism can be devised to create a forum in which questions of interpretation can be solved in an easy and quick manner and against low costs, and how uniform interpretation can be guaranteed. The Drafting Approach of the German Legislature. Recognition and Enforcement of Judgements.
Christopher Kobrak weaves together how these financial, political, and institutional developments have helped shape the emerging new international order. Overview of the title and terrain; Part I. Business to Deutsche Bank and American electrification; 4. The Northern Pacific bankruptcy saga; 5. Other transportation and commercial investments; 7. A taste for start-ups; 8. Transitions; 21 Part II. Deutsche Bank and the U. During 'Great Disorder' — Personal, communication, and financial breakdowns; War supplies, espionage, and expropriation; Salvaging assets and business prophets in the war's immediate aftermath; Deutsche Bank and reestablishing financial flows; Deutsche Bank and the collapse of the fragile world economic order; Renewal and Re-entry - — Divisive issues and the making of a new financial landscape; From Abs to Kopper and from joint ventures to branching; Deutsche Bank in the U.
And Frankfurt is its financial centre. This is still London. That is still New York. This business development entails a responsibility of offering informed advice on the choices that customers must make. If we are to judge by a steadily increasing stream of lawsuits, as well as the clear results of customer surveys, most banks fail this part of the challenge.
Should the law intervene? That is the basic question posed by this important book. In examining and evaluating the complex answer, and its critical implications for the banking industry, the author uses a comparison of legal systems, developments, and events in two major banking jurisdictions, England and Germany. He investigates the relations in each system between the relevant legal rules and actual business practices in order to analyze such issues as the following: Banks as Financial Advisers contributes significantly to the development of practical solutions to a serious problem in today's banking business practice.
Banks and their counsel, financial regulatory officials, and other financial services professionals will find it of great value. Useful appendices contain all relevant English and German statutory provisions in force at the time of publication. Liste der Bedingungen, bei deren Vorliegen die BaFin eine ihr angezeigte Auslagerungsvereinbarung der Finanzportfolioverwaltung an ein Unternehmen mit Sitz in einem Drittstaat in der Regel nicht beanstandet. Sowie alle Normen des 6. Rundschreiben Mindestanforderungen an das Risikomanagement Auszug.
Wertpapierdienstleistungsunternehmen, die Wertpapierdienstleistung, Kosten und Nebenkosten. Scope of Application at a Glance. Fritz Knapp Verlag, D Hardback, ca. Articles are designed to take a systematic approach. They are written by experts from authorities, banks and universities. The idea for the book was born in a conference on German and Chinese banking law. German Financial System Jan P.
Covering corporate governance, equity markets, debt markets, investment banking, as well as accounting, regulation, competition, each chapter of this innovative reference book addresses the myths that surround Germany's financial system, and offers invaluable explanation and insight. Instititutional Investors in Germany: Insurance Companies and Investment Funds. R Elsas, JP Krahnen: O Rieckers, G Spindler: Corporate Governance in Germany: The German Financial System at the Crossroads? Covers statutory and regulatory provisions dealing with the admission of securities for listing at a Stock Exchange, the distribution of nonlisted securities and the rights and obligations resulting from public offerings and exchange listings.
Also includes prohibition of insider trading, duty to disclose information, disclosure of shareholdings and the regulation of takeover bids. Securities Prospectus Act; Wertpapierverkaufsprospektgesetz. Securities Prospectus Regulation; Verkaufsprospektverordnung.
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Securities Trading Act; Wertpapierhandelsgesetz. Strategic and business information, contacts, regulations and more. The early players were told that only unhealthy German companies would be sold to a private equity house. Fraud was a significant problem, as sellers of struggling companies attempted to cover up their problems with inflated numbers. But as the private equity industry developed, lessons were learnt and converts won to the cause of management buyouts. This is the first comprehensive history of private equity written for any country in the world.
Drawing on interviews conducted with senior members of the industry, it reveals the ups and downs of private equity investing, warts and all. Compelling accounts of specific deals - including discussions of everything that can go right and wrong - feature alongside the most extensive collations of buyout data ever compiled for Germany. For anyone interested in the private equity industry, irrespective of geography, this will prove an essential work. Those interested in modern Germany will find the first detailed assessment of the contribution of private equity to determining the contours of German economics and finance.
Real Estate Investments in Germany. Single real estates as well as parts of real estate portfolios are still projected and brought to the market to a great extent. In addition, the ownerships of big real estate portfolios are changing. In the light of this situation, this book guides foreign investors and project developers through the legal, tax and economical requirements for real estate investments in Germany in a practical manner. Designschutz in Europa, Band 2: Zugleich wird erfolgreiches Design heutzutage schneller und erfolgreicher kopiert als noch vor wenigen Jahren.
Designschutz in Europa, Band 3: Auch die Zahl der Gemeinschaftsgeschmacksmusteranmeldungen in Europa; ein weiteres Indiz; steigt seit Jahren kontinuierlich. The particular investigation undertaken here reveals 3 paradigmatic situations: Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law.
The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Hasskarl editor , ISBN , 64 p. Gentechnische Arbeiten in gentechnischen Anlagen.
In , about A large number of these applications are biotech applications. As a result, the jurisprudence involving this technology has provides satisfactory absolute compound protection with claims of acceptable breadth in terms of enablement as opposed to its contracting states Germany and France. The Technical Board has issued the final decision in the on-co-mouse case, deliberating extensively on the ethical aspects of patenting animals. The Enlarged Board also issued two very important decisions. They deal with the admissibility of disclaimers. Finally, the European Patent Office's jurisprudence has provided interesting decisions on inventive step that make it possible to patent human orthologues even though structural non-obviousness as a defense of inventive step is not available in the European Patent Office.
This publication gives an outline of German product liability law and the concept of the CE sign. It explains the steps an exporter resp. Among the important US decisions affecting biotechnology since the last edition are Merck v. Apotox confirming that inherent anticipation does not require any scienter or appreciation requirement ; Noelle v. SmithKline Beecham requiring more than just a right guess to satisfy the credible utility standard ; and Phillips v. This time, there also is a Japanese co-author who has contributed an overview over Japanese biotech patent practice.
The Japanese contribution indicates that Japanese practice is more similar to EPO's practice than to US practice, although the written description requirement is now also rather restrictively applied in Japan. Concept of EU Directives. Harmonized Standards and Conformity Assessment Procedures. Administrative Measures against Unsafe Products. Liability on the Basis of the Products Liability Act. Important Acts, CE-Directives etc. Synoptische Darstellung deutschenglischer Gesetzestexte in der Fassung des Gesetzes zur Verbesserung der Durchsetzung von Rechten des geistigen Eigentums.
Protection of Intellectual Property Rights 1: Patents and Utility Models A. Sources of Patent Law I. National Statutes and Regulations II. European Legislation and International Treaties B. Requirements of Patentability I. Exclusions from Patentability 2. Term of Protection IV. Supplementary Protection Certificate C. Ownership and Assignment of Patents 1. Right to the Invention 3. Right to the Patent 4. Effect of the Registration of the Grant of the Patent 5.
Patent Office Proceedings I. European Patent Application 5. Observations, Oppositions and Patent Office Appeals 1. Observation on Patentability 2. Opposition to Patents 3. Modification of Patents E. Rights of the Patentee II. Limitations of the Rights of the Patentee 1. Priveleged Use of a Patent 2. Right of prior use 3. Exhaustion of Rights III. Types of Infringement 1.
Claim Construction and Doctrine of Equivalents 2. Infringement by Activities Abroad IV. Remedies for Patent Infringement 1. Injunction against Infringement 2. Monetary Remedies for Infringement 3. Claims for Information and Rendering of Accounts 4. Claims for Destruction, Recall and Final Removal 5. Publication of Court Decision 6. Statute of Limitations G. Litigation in Patent Cases I. Civil Law System II. Filing without Warning III. Standing to Sue 1. Actions for Declaratory Judgment of Non-Infringement 3. Specialized Courts for Patent Matters 1. First Appellate Level Berufung 3.
Second Appellate Level Revision 4. European Court of Justice V. Preliminary Relief and Anticipatory statement of defense 1. Requirements for Preliminary Injunctions 2. Anticipatory Statement of Defense 4. Standard of proof 5. Litigation Timetable and Trial Format 1. Initial Service of Statement of Claim 3. Early First Session 4. Motion for Security for the Costs of the Proceedings 5. The Oral Hearing IX.
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Discovery and Taking of Evidence 1. No Pretrial Discovery 2. Sources of Law II.
The Concept of Know-How Protection 1. Illegal Use of Documents 3. Disclosure of Information 4. Destruction or Return 5. Publication of Judgments 6. Statute of Limitations V. Enforcement and Procedure 1. Topographies of Semiconductor Products I. Subject Matter, Requirements and Ownership of Topographies 1. Protectable Subject Matter 3. Duration of Protection 4. Requirements for Protection 5. Ownership and Assignment 6. Plant Variety Rights I. Subject Matter, Requirements and Ownership 1. Protectable Subject Matter 2. Ownership and Assignment 4. Term of Protection III. Rights of the Holder of the Plant Variety Right 1.
Exclusionary Right as Regards the Variety 3. Exclusionary Right as Regards the Denomination 4. Sources of Copyright Law I. Requirements, Scope and Ownership of Copyright I. Categories of Works Protected II. Requirements for Protection III. Term of Protection C. Rights of the Copyright Owner D. Limits to Copyright I. Exhaustion of the Right of Distribution E. Scope of Licensing 1. Contractual Interpretation if the Scope is Unclear 3. Rules for Licenses in Employment Relationships 4.
Grants of Rights for Unknown Forms of Use 5. Reasonable Remuneration to the Licensor F. Protection of Performing Artists IV. Neighboring Rights for Entrepreneurs 1. Neighboring Rights for Organizers of Performances 2. Neighboring Rights for Producers of Sound Recordings 3. Neighboring Rights for Broadcasters V. Neighboring Rights Protection for Databases G. Copyright Infringements and Remedies I. Contributory and Vicarious Liability II. Remedies for Copyright Infringement 1. Injunctions Against Infringement 2.
Claims Based on Unjust 26 Enrichment 4. Claims for Information and Rendering of Accounts 5. Exceptions to Remedies for Infringement 7. Publication of Court Decision 8. Statute of Limitations 9. Copyright Enforcement Proceedings I. Standing to Sue III. Specialized Courts in Copyright Matters 1. Court of First Instance 2. European Court of Justice 4: Sources of Design Law I. Protectable Subject Matter 1. Individual Character of the Design 3.
Parts of Complex Products 4. Designs Excluded from Protection II. Requirements for Protection 1. Ownership and Assignment of Design Rights 1. Assignment of Design Rights 4. Term of Protection 1. Unregistered Community Designs C. Application Timetable and Costs II. Counterclaim for Declaration of Invalidity of a Community Design 4. Rights of the Owner of a Design I.
Scope of Protection II. Specific Rights of the Owner of a Design 1. Exclusive Rights of the Owner of a Registered Design 2. Limits to the Exclusive Rights of the Owner 1. Legal Limitations to Rights 2. Exhaustion of Rights E. Design Infringements and Remedies I. Remedies for Design Infringement 1. Injunctions against Infringement 2. Monetary Claims for Infringement 3. Claims Based on Unjust Enrichment 4. Claims to Destruction of Infringing Goods and Equipment 7. Exceptions to Remedies for Infringement 8. Publication of Court Decision 9.
Statute of Limitations Design Enforcement Proceedings I. Specialized Courts in Design Matters 1. Courts of First Instance 2. European Court of Justice 5: Sources of Trademark Law I. Geographical Indications of Origin II. Secondary Meaning as a Tool to Obtain Registration 4. Ownership and Assignment of Trademarks and Commercial Designations1. Ownership of Trademarks 2. Ownership of Commercial Designations 3. Assignment of Trademarks 4. Assignment of Commercial Designations IV. Trademark Office Proceedings I. Application Timetable and Costs 1. Priority and Seniority Claims 3.
Relative Grounds for Refusal 4. Opposition to Trademarks 1. Rights of the Trademark Owner I. Scope of Protection 1. Other Designations Protected under the Trademark Act 3. Exhaustion of Rights 3. Trademark Infringement and Remedies I. Remedies for Trademark Infringement 1. Claims for Destruction and Recall of Infringing Goods 6. Statute of Limitations 8. Trademark Enforcement Proceedings I. Specialized Courts in Trademark Matters 1. European Court of Justice 6: Advantages of Arbitration and Mediation B. Arbitration of IP Disputes I. German Legislation on Arbitration 1.
Constitution and Composition of the Arbitral Tribunal 1. Appointment of Arbitrators 2. Challenge of Arbitrators IV. Jurisdiction of the Arbitral Tribunal 1. The Arbitral Proceedings 1. General Rules of Procedure 2. Language of the Arbitral Proceedings 3. Place of Arbitration 4. Default of a Party 5. Confidentiality of Proceedings a Confidentiality of the Arbitration b Confidentiality of Evidence inter partes 7.
Making of an Award and Termination of Proceedings 1. Applicable Rules to Substance of Dispute 2. Decision on Costs 4. The German Arbitration Landscape 1. Tradition and Development 2. Mediation of IP Disputes I. German Approach to Mediation II. In addition, it seems unacceptable to the AIC that the frequency of reporting should determine the accounting in the annual financial statements. Were the integral approach to be applied, the unsatisfactory result — that the amount of an impairment loss in the annual financial statements depends on the frequency of interim reporting — would be avoided.
Unfortunately, the IFRIC is silent with regard to its reasoning why it prefers the discrete approach. Moreover, it can be argued that the resolution of the conflict within a Standard as well as between Standards must be undertaken by the IASB by amending one or more of the Standards involved; IFRIC Interpretations do not amend Standards and, therefore, should not be used to resolve conflicts between or within Standards.
There might be other conflicts between IAS 34 if the discrete approach is considered dominant and other Standards apart from the ones addressed in IFRIC D18 that should also be included in such an amendment. The IASB should take care of these issues in a separate project. This refers to the question whether impairments should be monitored continuously, i. Additionally, with regard to goodwill and intangible assets with indefinite useful lifes, IAS This seems to imply that the requirement to monitor indications of impairment is limited to the interim reporting dates or in the case of goodwill and intangible assets with an indefinite useful life to the date of the annual impairment test.
It should be noted that IAS Although there is no explicit statement in IAS 36 on the subject of continuous monitoring with regard to other assets than goodwill, it could possibly be argued that an entity may also make an assessment of a possible impairment continuously in the case of other assets than goodwill, i. Consider the following example of an impairment on an equity instrument classified as available for sale, i.
The carrying amount of this equity instrument is in the annual financial statements as of 31 December 20X1. Due to specific circumstances there is an indication of impairment on 25 April 20X2 and the impairment test carried out leads to an impairment loss of It is further assumed that the impairment loss does no longer exist at the following interim reporting date 30 June 20X2. The fair value of the equity instrument remains to be until 31 December 20X2.
According to the continuous monitoring approach, an impairment test would have to be carried out in April 20X2. For the purpose of the interim report of 30 June 20X2, the entity would be required to assess whether there is any indication that the equity instrument may be impaired. This assessment should consequently be made on the basis of the impairment test carried out in April. This means that in the interim report the entity would account for the impairment as of 25 April 20X2 resulting in a book value of 50 in the interim report unless there are indicators that a further impairment charge should be recorded.
In our example this is not the case. Without this restriction which is implicit in the discrete approach of IAS 34, the impairment loss would be reversed and the carrying amount in the financial statements as of 31 December 20X2 would be If, however, the entity were not be monitoring indicators of an impairment continuously and, therefore, referred to the carrying amount of in the previous annual reporting date 31 December 20X1 while carrying out an impairment test on 30 June 20X2, the equity instrument would not be impaired.
This example shows that even if the frequency of interim reporting of two entities is identical and the fair value of the equity instrument is the same at the interim and the annual reporting date, the application of IFRIC D