Internet Service Provider Liability for Copyright and Trade Mark Infringement

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Author: Zoi Krokida

Publisher: Bloomsbury Publishing

Published: 2022-06-16

Total Pages: 359

ISBN-13: 150994852X

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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.


Internet Service Provider Liability for Copyright and Trade Mark Infringement

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Author: Zoi Krokida

Publisher: Bloomsbury Publishing

Published: 2022-06-16

Total Pages: 416

ISBN-13: 1509948546

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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.


Secondary Liability of Internet Service Providers

Secondary Liability of Internet Service Providers

Author: Graeme B. Dinwoodie

Publisher: Springer

Published: 2017-06-28

Total Pages: 393

ISBN-13: 3319550306

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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 and Trade Mark Rights

Internet Intermediaries and Trade Mark Rights

Author: Althaf Marsoof

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9780815382461

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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.


The Liability of Internet Intermediaries

The Liability of Internet Intermediaries

Author: Jaani Riordan

Publisher: Oxford University Press

Published: 2016-06-30

Total Pages: 705

ISBN-13: 0191030465

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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.


Intellectual Property on the Internet

Intellectual Property on the Internet

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2002

Total Pages: 142

ISBN-13: 9280511432

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Report ... addresses the far-reaching impact that digital technologies, the Internet in particular, have had on intellectual property (IP) and the international IP system.


Trademarks and Social Media

Trademarks and Social Media

Author: Danny Friedmann

Publisher: Edward Elgar Publishing

Published: 2015-09-25

Total Pages: 399

ISBN-13: 178347954X

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Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.


Intellectual Property and the National Information Infrastructure

Intellectual Property and the National Information Infrastructure

Author: United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights

Publisher: DIANE Publishing

Published: 1995

Total Pages: 264

ISBN-13: 0788124153

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This now famous White Paper provides rules for our digital highway.Ó Examines each of the major areas of intellectual property law, focusing primarily on copyright law & its application & effectiveness, especially subject matter & scope of protection, copyright ownership, term of protection, exclusive rights, limitations on exclusive rights, copyright infringement. Holds Internet service providers legally accountable for copyright & other infringements by their users. Judges are beginning to use this document to form case law.


Oxford Handbook of Online Intermediary Liability

Oxford Handbook of Online Intermediary Liability

Author: Giancarlo Frosio

Publisher: Oxford Handbooks

Published: 2020

Total Pages: 801

ISBN-13: 0198837135

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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.