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At present, neither UK trade mark law nor English common law principles provide a basis to hold internet intermediaries liable for trade mark infringements. This book considers reforms aimed at gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions.
Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.
In this study, Professor Seng seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the first consisting of a “Survey of National Legislation and Jurisprudence on the Liability of Internet Intermediaries in the Field of Copyright and Related Rights”, covering 30 jurisdictions.
This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.
Internet intermediaries play a central role in modern commerce and the dissemination of ideas. Although their economic and social importance is well-recognized, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on IP matters and disputes involving internet content.
In this study, Professor Fernández-Diéz seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the second containing a conclusion resulting from the Survey (first part) which defines trends and commonalities in the treatment of the responsibility of Internet intermediaries.
This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.
This book explores the contributory liability of Internet intermediaries that arises from trademark infringements committed by third parties on the Internet, providing a comprehensive analysis of the law applicable to the matter in an EU context. It also considers the applicable laws of Germany and England to demonstrate how the rules are implemented in national laws, as the current state of the law is two-tiered. In providing a framework of the law applicable to online contributory trademark liability, the book also addresses ongoing and emerging issues that are specific to trademark law and proposes specific solutions to the issues arising in the context of online contributory trademark liability. The liability of Internet intermediaries has been a popular and lively subject from different substantive rights’ angles. However, trademark law has not received a great deal of attention from either scholars or legislators. As such, this book fills a gap in the literature by undertaking a trademark-specific examination, and will be of great interest to all those involved in the research and legal practice of trademark law.