Translation of "Konkludente zustimmung" in English

Implied approval (actual use) also suffices.

The communication channels include letters, advertisements in newspapers, the general meeting of the shareholders, etc. If an investor takes no action, the investor is considered to have given their implicit approval to the fund’s change in investment policy.

Furthermore, implied consent cannot be inferred from the fact that contractual reservations were not imposed at the time of the transfer of ownership of the goods bearing the mark, or from the fact that the trade mark proprietor has not communicated his opposition to marketing within the EEA or from the fact that the goods carry no warning of a prohibition on their being placed on the market within the EEA.

Implied consent to the marketing within the EEA of goods put on the market outside that area cannot be inferred from the mere silence of the trade mark proprietor.

Our conclusion was that all of this could not have happened, and continue to happen, without the knowledge of and either actual or implied consent of the state authorities.

By visiting this website, you give your conclusive consent (Art. 6 (1) lit a GDPR) to the short-term storage of the connection data of the requesting computer (IP address), the pages that you visit on our Website, the date and length of your visit, the identification data of the type of browser and operating system used, the website from which you visit us, the content of your shopping cart in case of a potential purchase and the length of time until the order is placed.

We only use cookies where they are necessary for our services or where you have provided your express or implied consent.

Information published by us under the imprint data show no implied approval with the sending or transmission of advertising measures.

If you continue to use our website and our services after we have posted changes to our Privacy Policy, we will consider such action to be implied consent to those changes.

Finally, the Court considers whether implied consent might be inferred from the mere silence of a trade mark proprietor

Evidence of logical, i.e. implied, consent suffices.

From a procedural point of view this implied agreement cannot be treated differently from explicit agreement.

It therefore appears that the extinction of the exclusive right results either from the consent of the proprietor, given either expressly or impliedly, to goods being placed on the market within the EEA, or from their being placed on the market by the proprietor himself.

Implied consent cannot be inferred: from the fact that the proprietor of the trade mark has not communicated to all subsequent purchasers of the goods placed on the market outside the European Economic Area his opposition to marketing within the European Economic Area; of their being from the fact that the goods carry no warning of a prohibition placed on the market within the European Economic Area;

Accordingly, disapproval of the patent's maintenance stated after the period had expired could not cancel the agreement to the intended maintenance which had been implied by the time the period expired.

The form of consent that we seek, including whether it is express or implied, will largely depend on the sensitivity of the personal information and the reasonable expectations of the individual in the circumstances.

It may thus be concluded that by not stating their disapproval within the set period of one month the appellants, who at that time were the opponents, implied their approval of the intended maintenance of the European patent in the amended form.