Internet Service Provider Liability For Copyright And Trade Mark Infringement

Author : Zoi Krokida
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 47,6 Mb
Release : 2022-06-16
Category : Law
ISBN : 9781509948543

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Internet Service Provider Liability for Copyright and Trade Mark Infringement by Zoi Krokida Pdf

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.

Author : Christopher Heath,Anselm Kamperman Sanders
Publisher : Kluwer Law International B.V.
Page : 312 pages
File Size : 44,8 Mb
Release : 2012-10-01
Category : Law
ISBN : 9789041141361

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Intellectual Property Liability of Consumers, Facilitators and Intermediaries by Christopher Heath,Anselm Kamperman Sanders Pdf

With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.

Author : Graeme B. Dinwoodie
Publisher : Springer
Page : 386 pages
File Size : 51,8 Mb
Release : 2017-06-28
Category : Law
ISBN : 9783319550305

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Secondary Liability of Internet Service Providers by Graeme B. Dinwoodie Pdf

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.

Author : Zoi Krokida
Publisher : Bloomsbury Publishing
Page : 359 pages
File Size : 44,6 Mb
Release : 2022-06-16
Category : Law
ISBN : 9781509948536

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Internet Service Provider Liability for Copyright and Trade Mark Infringement by Zoi Krokida Pdf

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.

Author : Althaf Marsoof
Publisher : Routledge
Page : 249 pages
File Size : 44,9 Mb
Release : 2019-06-05
Category : Law
ISBN : 9781351208499

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Internet Intermediaries and Trade Mark Rights by Althaf Marsoof Pdf

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.

Author : Daniel Kalisch
Publisher : GRIN Verlag
Page : 84 pages
File Size : 53,7 Mb
Release : 2011-08-24
Category : Law
ISBN : 9783640991723

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Sponsored Links and Trademark Infringement by Daniel Kalisch Pdf

Master's Thesis from the year 2011 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 16/20 , Leuven Catholic University (Faculty of Law), course: LL.M. Program, European IP Law & Business Law, language: English, abstract: ISP’s legal liability under trademark law with regards to Keyword Advertising is not well developed in literature and jurisdiction. Despite some few judgments in this field, it is obvious that also in other areas of law national courts do mainly focus on ISP’s secondary liability without any clear distinction from primary liability. There seems to be also some hesitation to base a primary liability on a failure to act. For that reasons this paper analyses primary liability of an internet reference provider like Google (TM) for Keyword Advertising under Art. 5 EU Trademark Directive taking into account not only positive activities but also a failure to act. Apart from storing Keywords and displaying ads also other contributions of Google like its Keyword Tool and approval process for ads or the ISP’s knowledge of infringements are contemplated. Starting point of the investigation is the recent decision of the ECJ to Google Adwords (TM)from 23.3.2010 where the court held that the provider can not be liable for a trademark infringement as the ISP did not use a sign itself in own commercial communication. The author goes beyond this judgment and suggests to apply this new criterion of attribution to all forms of trademark uses within the entire Art. 5 EU Trademark Directive including an omission of the provider. By establishing a link between Ecommerce Directive and Trademark Directive the writer defines the scope of trademark protection and examines some minimum requirements to identify a trademark infringement of the ISP. This is absolutely a new method as no literature exists. As a first main result it was found that Google is not directly engaged in a trademark infringement by its positive actions. By contrast, the research made clear that actual knowledge of ongoing infringements is the core element to establish a primary liability for a failure to stop or prevent trademark infringements and makes the ISP use a trademark itself in its own communication. This paper shall contribute to define a clear distinction between direct and indirect infringements and it also wants to sensitize the reader for the legal importance and consequences of actual knowledge of the ISP.

Author : Berrak Genç-Gelgeç
Publisher : Cambridge Scholars Publishing
Page : 270 pages
File Size : 40,9 Mb
Release : 2022-01-10
Category : Law
ISBN : 9781527579361

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The Law of Contributory Liability on the Internet by Berrak Genç-Gelgeç Pdf

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.

Author : Jaani Riordan
Publisher : Oxford University Press
Page : 705 pages
File Size : 41,5 Mb
Release : 2016
Category : Law
ISBN : 9780198719779

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The Liability of Internet Intermediaries by Jaani Riordan Pdf

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.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 128 pages
File Size : 50,6 Mb
Release : 1998
Category : Computers
ISBN : PSU:000061513815

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The Copyright Infringement Liability of Online and Internet Service Providers by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : G. Peter Albert
Publisher : BNA Books (Bureau of National Affairs)
Page : 0 pages
File Size : 45,5 Mb
Release : 1999
Category : Computer networks
ISBN : 1570181659

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Intellectual Property Law in Cyberspace by G. Peter Albert Pdf

Cybercases & the Internet add new dimensions to the law of trademarks, copyrights, trade secrets, & patents. In this timely resource, the authors analyze these areas of I.P. law & how each interacts with information in the unique situations of cyberspace. You get unmatched guidance on examining & handling cases that involve questions about protecting & enforcing I.P rights as they relate to the Internet, including: * administrative dispute resolution policies proposed & implemented by domain name registrars--& how to protect registrations from challenges * application of trademark law to Internet issues such as metatags, hyperlinking, framing, & spamming * infringement, defenses, & criminal penalties as applied to Internet technologies such as digital watermarks & World Wide Web text, graphics, & sound files * what Internet Service Providers (ISPs) need to understand about the Online Copyright Infringement Liability Limitation Act * how WWW sites, bulletin board postings, & Internet e-mail are posing fundamental challenges to various trade secret doctrines * recent enforcement actions of Internet technology & software patents * plus details on the domain name system, how to register domain names, & more. Use this resource to stay on the edge of Internet I.P. law; examine the cases that are setting precedents; & prepare, argue, & win your cases in this expanding area.

Author : Jacqueline Lipton
Publisher : Edward Elgar Publishing
Page : 176 pages
File Size : 52,7 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781781002186

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Rethinking Cyberlaw by Jacqueline Lipton Pdf

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known

Author : Danny Friedmann
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 53,8 Mb
Release : 2015-09-25
Category : Computers
ISBN : 9781783479542

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Trademarks and Social Media by Danny Friedmann Pdf

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.

Author : Lionel Bently,Brad Sherman,Dev Gangjee,Phillip Johnson
Publisher : Oxford University Press
Page : 1561 pages
File Size : 40,7 Mb
Release : 2022-10-31
Category : Law
ISBN : 9780198869917

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Intellectual Property Law by Lionel Bently,Brad Sherman,Dev Gangjee,Phillip Johnson Pdf

Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks

Author : Neville Cordell
Publisher : Globe Law and Business Limited
Page : 0 pages
File Size : 40,5 Mb
Release : 2014
Category : Law
ISBN : 1905783957

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Intellectual Property and the Internet by Neville Cordell Pdf

"The past 20 years have seen a revolution in the way that we live, socialise and do business around the globe. Borders and barriers have fallen, giving consumers of digital information unlimited sources of data. The Internet has created a universe of convenience for the consumer. Just as society evolves, so too must the law. The sharing of online content creates challenges for IP law, well beyond the scope of the pre-digital era. Content containing intellectual property can be shipped instantaneously around the world with the click of a mouse. We face a modern problem that our technological world accelerates at a rate that can leave our IP framework in the dust. We have seen these examples played out in the music and film industries, as well as in the electronic book publishing industry. We have also come to see that the enforcement of IP rights in cyberspace gives rise to unique cross-border enforcement issues. Edited by Neville Cordell, IP partner at international law firm Allen & Overy, this guide contains analysis and guidance on how IP laws are applied to the Internet in 19 major jurisdictions worldwide, including chapters from leading experts at Herbert Smith, Norton Rose, Clifford Chance, Quinn Emanuel and Kim & Chang. Chapters explore, on a comparative basis, the means of protection for a range of online content offered by copyright and database rights, trademarks and patents, considering issues such as infringement, liability, possible exemptions and remedies including disclosure orders against internet service providers. This exciting new title is essential reading for lawyers, in-house counsel, media and business professionals who must deal with the challenges of managing digital intellectual property and wish to understand how best to protect such works from infringement internationally"--Page [4] of cover.

Author : Anonim
Publisher : Oxford University Press
Page : 832 pages
File Size : 53,6 Mb
Release : 2020-05-04
Category : Law
ISBN : 9780192573971

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Oxford Handbook of Online Intermediary Liability by Anonim Pdf

To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.