The Cease and desist declaration is a legal instrument that is often used in connection with infringements of trademark rights, copyrights or other intellectual property rights. It represents the unilateral promise by which a person or company promises to refrain from certain actions that are considered an infringement of the rights of another.
Purpose of the cease-and-desist declaration:
- Avoidance of legal action: The main purpose of a cease-and-desist declaration is to prevent legal action. By submitting a cease-and-desist declaration with a penalty clause, the claim for injunctive relief is settled.
- Protection of intellectual property: The cease-and-desist declaration serves to put an end to the infringement of intellectual property and to ensure that the rights of the rights holder are respected.
Content of a cease-and-desist declaration:
- Obligation to refrain: The core of the declaration consists of a commitment to refrain from the legally objectionable actions. This may include the cessation of certain activities, such as the use of a certain trademark or the publication of protected material.
- Contractual penalty in case of violation: The cease-and-desist declaration usually contains a promise of a contractual penalty in the event of a breach. A declaration to cease and desist without a contractual penalty clause generally lacks the necessary Risk of repetition required seriousness.
- (No) Recognition of the infringement: The cease-and-desist declaration itself is not an acknowledgement of guilt. An acknowledgement of guilt is also not a requirement for the effectiveness of the cease-and-desist declaration.
A cease-and-desist declaration that deviates from the cease-and-desist declaration demanded by the warning party in favor of the warned party is called a Modified cease-and-desist declaration.