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出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2014/04/22 14:49:07」(JST)
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A cease and desist letter, also known as an "infringement letter" or a "demand letter,"[1] is an order or request that a party halt an activity ("cease") and not take it up again later ("desist"), else face legal action.[2] The recipient of the letter may be an individual or an organization.
Although cease and desist letters are not exclusively used in the area of intellectual property, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape."[1] The holder of an intellectual property right such as a copyrighted work, a trademark, or a patent, may send the cease and desist letter to inform a third party "of the right holders' rights, identity, and intentions to enforce the rights."[1] The letter may merely contain a licensing offer, or may be an explicit threat of a lawsuit.[1] A cease and desist letter often triggers licensing negotiations, and is a frequent first step towards litigation.[1]
Receiving numerous cease and desist letters may be very costly for the recipient. Each claim in the letters has to be evaluated, and it should be decided whether to answer to the letters, "whether or not to obtain an attorney's opinion letter, prepare for a lawsuit, and perhaps initiate [in case of letters regarding a potential patent infringement] a search for alternatives and the development of design-around technologies."[1]
Cease and desist letters are sometimes used as well to intimidate their recipients and can be "an effective tool used by corporations to chill the critical speech of gripe sites operators."[3] A company owning a trademark may send such letter to a gripe site operator alleging a trademark infringement, although the actual use of the trademark by the gripe site operator may fall under a fair use exception (in compliance with, in the U.S., the protection of free speech under the First Amendment).[3]
See also
- Abmahnung, a formal request by one person to another person to stop a certain behaviour forthwith (German law)
- Chilling Effects, a collaborative archive to protect lawful online activity from legal threats such as cease and desist letters
- Clameur de haro
- Online Copyright Infringement Liability Limitation Act
- Strategic lawsuit against public participation (SLAPP)
References
- ^ a b c d e f Trimble, Marketa (2010). "Setting Foot on Enemy Ground: Cease-and-Desist Letters, DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions". IDEA-The Intellectual Property Law Review 50 (4): 777–830. Retrieved 2 November 2013.
- ^ Gold, Michael Evan. An Introduction to Labor Law, p. 17 (Cornell University Press, 1998).
- ^ a b Braswell, Rachael (2007). "Consumer Gripe Sites, Intellectual Property Law, and the Use of Cease-and-Desist Letters to Chill Protected Speech on the Internet". Fordham Intell. Prop. Media & Ent. L.J. 17 (4): 1241–1287. Retrieved 2 November 2013.
External links
- Chillingeffects.org—A joint project between the Electronic Frontier Foundation and several universities to monitor uses and abuses of intellectual property rights on the internet. Contains a database of cease-and-desist letters to which either senders or recipients can contribute.
- Marti, Don (April 12, 2002). "Google Begins Making DMCA Takedowns Public". Linux Journal. Retrieved 4 May 2013.
UpToDate Contents
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English Journal
- Staff education, regular sedation and analgesia quality feedback, and a sedation monitoring technology for improving sedation and analgesia quality for critically ill, mechanically ventilated patients: a cluster randomised trial.
- Walsh TS1, Kydonaki K2, Antonelli J3, Stephen J3, Lee RJ4, Everingham K5, Hanley J6, Phillips EC5, Uutela K7, Peltola P7, Cole S8, Quasim T9, Ruddy J10, McDougall M11, Davidson A12, Rutherford J13, Richards J14, Weir CJ15; Development and Evaluation of Strategies to Improve Sedation Practice in Intensive Care (DESIST) study investigators.
- The Lancet. Respiratory medicine.Lancet Respir Med.2016 Oct;4(10):807-817. doi: 10.1016/S2213-2600(16)30178-3. Epub 2016 Jul 26.
- BACKGROUND: Optimal sedation of patients in intensive care units (ICUs) requires the avoidance of pain, agitation, and unnecessary deep sedation, but these outcomes are challenging to achieve. Excessive sedation can prolong ICU stay, whereas light sedation can increase pain and frightening memories,
- PMID 27473760
- Sex Offending and Situational Motivation: Findings From a Qualitative Analysis of Desistance From Sexual Offending.
- Farmer M1, McAlinden AM2, Maruna S3.
- International journal of offender therapy and comparative criminology.Int J Offender Ther Comp Criminol.2016 Sep 25. pii: 0306624X16668175. [Epub ahead of print]
- Sex offending is typically understood from a pathology perspective with the origin of the behavior thought to be within the offending individual. Such a perspective may not be beneficial for those seeking to desist from sexual offending and reintegrate into mainstream society. A thematic analysis of
- PMID 27669732
- A Descriptive Model of Desistance From Sexual Offending: Examining the Narratives of Men Released From Custody.
- Harris DA1.
- International journal of offender therapy and comparative criminology.Int J Offender Ther Comp Criminol.2016 Sep 12. pii: 0306624X16668176. [Epub ahead of print]
- Despite an increasing interest in desistance from sexual offending, a comprehensive theoretical account of the process has yet to be provided. This study examines the narratives of 60 men interviewed in the community, who were incarcerated for sexual offenses and released. Recent findings from this
- PMID 27621271
Japanese Journal
- 歴史の窓 豊臣政権の問屋「諸商売一切停止」について
Related Links
- 楽天市場:UNEEK BASEMNTのDESIGNERS > C > CEASE±DESIST一覧。ジャンルに捉われず、魅力あふれるアイテムを世界中からセレクト！ ... UNEEK BASEMNT 〒193-0801 東京都八王子市川口町150-21 TEL/FAX：042-652-9825 E ...
- He said that when he told her to desist, she threatened to hit herself and then tell the cops that he had done it. ... Batista some years, during which he continued to paint, and to form pupils, until infirmity and old age compelled him to desist
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