[PDF] Internet Intermediaries And Trade Mark Rights eBook

Author : Althaf Marsoof
Publisher : Routledge
Page : 249 pages
File Size : 44,38 MB
Release : 2019-06-05
Category : Law
ISBN : 1351208497

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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 : Mohomed Ali Althaf Marsoof
Publisher :
Page : 0 pages
File Size : 32,3 MB
Release : 2016
Category :
ISBN :

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The proposal for legal reforms identifies the class of intermediaries against whom, and the circumstances in which, such monetary relief should be made available. Consequential legal reforms are proposed in order to counter the potential abuse of notice-and-takedown procedures, which this thesis identifies as a direct consequence of the interplay between the proposed liability framework and the EU safe harbour that limits such liability. The last substantive part of the thesis considers injunctive relief as a means of holding internet intermediaries accountable for making infringing content available to internet users. This part sets out how injunctions have been utilised in the UK against ISPs, and identifies key challenges underpinning this remedy, while also considering its application to other types of intermediaries. Having considered comparable approaches in Chile, Singapore and Australia, recommendations are made for suitable legal reforms to the EU legal framework, which has hitherto shaped the development of UK law in this regard. These suggested reforms are aimed at overcoming the challenges associated with the injunctive remedy, while promoting it as an effective way of holding internet intermediaries accountable for making content that infringes trademark rights available to internet users.

Author : Danny Friedmann
Publisher : Edward Elgar Publishing
Page : 399 pages
File Size : 46,44 MB
Release : 2015-09-25
Category : Computers
ISBN : 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.

Author : Giancarlo Frosio
Publisher : Oxford University Press
Page : 801 pages
File Size : 45,70 MB
Release : 2020-05-04
Category : Law
ISBN : 0192573985

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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.

Author : Berrak ç-Gelgeç
Publisher :
Page : 0 pages
File Size : 33,22 MB
Release : 2023-04-22
Category :
ISBN : 9781527597389

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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 : 41,90 MB
Release : 2016
Category : Law
ISBN : 0198719779

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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 : Berrak Genç-Gelgeç
Publisher : Cambridge Scholars Publishing
Page : 270 pages
File Size : 36,19 MB
Release : 2022-01-10
Category : Law
ISBN : 1527579360

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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 : World Intellectual Property Organization
Publisher : WIPO
Page : 73 pages
File Size : 24,61 MB
Release : 2016-11-28
Category : Law
ISBN :

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This study aims to identify the trends and principles governing the changing role of Internet intermediaries, summarizing the evolution of business models and outlining the complex issues to be considered in developing public policy in this field.

Author : Zoi Krokida
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 14,97 MB
Release : 2022-06-16
Category : Law
ISBN : 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.

Author : Stacey L. Dogan
Publisher :
Page : 11 pages
File Size : 15,65 MB
Release : 2016
Category :
ISBN :

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The recent history of intermediary liability decisions in copyright and trademark law reflects a notable resistance to rules that might constrain judicial discretion to ferret out bad guys. Indeed, a dichotomy appears to be emerging between two types of defendants: those who want infringement to happen and those who do not. In both copyright and trademark cases, courts are developing two distinct sets of rules to deal with two different classes of intermediaries. Good-faith intermediaries -- those with a core business model unrelated to infringement -- have an obligation to address infringement upon notice, but need not go out of their way to root it out; a reactive approach will suffice to protect them from liability. Bad-faith intermediaries, on the other hand -- those who not only benefit from infringement, but intend it to happen -- face certain liability, without regard to specific notice of particular acts of infringement. The trick, of course, lies in understanding how to differentiate between good and bad faith actors. Doctrinally, copyright courts are turning to inducement to do the sorting. Inducers, as bad actors, get none of the protections afforded to other infringement-enabling intermediaries. And inducers are those whose business model depends, at its core, on infringement. Far from defying Sony, I view this development as fully consistent with the normative goal laid out by the Supreme Court in defending the staple article of commerce doctrine: “[t]he staple article of commerce doctrine must strike a balance between a copyright holder's legitimate demand for effective -- not merely symbolic -- protection of the statutory monopoly, and the rights of others freely to engage in substantially unrelated areas of commerce.”