Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union
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Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union
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Author : Husovec, Martin
language : en
Publisher: Cambridge University Press
Release Date :
Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union written by Husovec, Martin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Injunctions Against Intermediaries In The European Union
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Author : Martin Husovec
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-30
Injunctions Against Intermediaries In The European Union written by Martin Husovec and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
Internet Intermediaries And Trade Mark Rights
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Author : Althaf Marsoof
language : en
Publisher: Routledge
Release Date : 2019-06-05
Internet Intermediaries And Trade Mark Rights written by Althaf Marsoof and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-05 with Law categories.
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.
Internet Service Provider Liability For Copyright And Trade Mark Infringement
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Author : Zoi Krokida
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-16
Internet Service Provider Liability For Copyright And Trade Mark Infringement written by Zoi Krokida and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-16 with Law categories.
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.
Pluralism Or Universalism In International Copyright Law
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Author : Tatiana Eleni Synodinou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-24
Pluralism Or Universalism In International Copyright Law written by Tatiana Eleni Synodinou and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-24 with Law categories.
In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.
Balkan Yearbook Of European And International Law 2021
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Author : Dušan V. Popović
language : en
Publisher: Springer Nature
Release Date : 2022-04-21
Balkan Yearbook Of European And International Law 2021 written by Dušan V. Popović and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
This third volume of the Balkan Yearbook of European and International Law (BYEIL) is devoted in particular to the specific legal challenges faced by Southeast European countries in the area of intellectual property law. The authors discuss a range of topics in Serbian and Bosnian and Herzegovinian copyright law, trademark and patent law, the relevance of which extends beyond their national borders. The papers included in the permanent sections on European law and international law explore contemporary challenges in public and private law. These challenges concern various legal fields, including consumer law, commercial law, corporate and criminal law, and the corresponding papers tackle a number of fundamental theoretical issues, while also highlighting the latest developments in legal practice.
The Eu Digital Services Act Dsa
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Author : Milos Novovic
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-08-14
The Eu Digital Services Act Dsa written by Milos Novovic and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-14 with Law categories.
The EU Digital Services Act (DSA) provides a comprehensive framework regulating the provision of digital intermediary services in the EU internal market. It clarifies the conditions under which service providers can avoid being held liable for their users’ illegal content, establishes a set of harmonized duties they must follow, and sets broad safeguards for users’ rights. As an extensive article-by-article commentary, this book offers a comprehensive guide to the complex web of the DSA’s tightly intertwined provision. On a systemic level, it also contextualizes the DSA by exploring its relationship to other relevant legal instruments, such as those related to consumer protection, data protection, and private international law. Among the topics and issues addressed are the following: Liability and Content Moderation liability of online services which transmit, cache, or store illegal user content; rules on removing, reducing visibility of, or otherwise moderating content which is illegal or breaches terms of service; and acting against user content based on own investigations, governmental orders, or received notices, and rights and redress possibilities given to users. Service-Specific Obligations rules affecting profiling-based advertising, content recommendation systems, and user interface design; duties of platforms which disseminate user content, obligations of online consumer marketplaces, and exemptions for micro and small enterprises; novel transparency reporting duties, publication of databases and reports, and provision of access to platform data and algorithms; and duties of very large online platforms and search engines. Enforcement Framework competencies, tasks and powers of authorities and the EU Commission to monitor compliance, investigate infringements and impose sanctions; national, cross-border and European coordination, cooperation and enforcement mechanisms; and issues of jurisdiction and applicable law, and duties of providers established outside of the EU. Given the DSA’s scope, this book will be relevant to businesses of any size that handle user content. It will also be of great value to a broad audience of legal practitioners, public officials, civil society stakeholders, researchers, and content creators. All professionals working with user content management issues can use this book to gain valuable compliance insights.
Fairness In Intellectual Property Law
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Author : Annette Kur
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-11-08
Fairness In Intellectual Property Law written by Annette Kur and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-08 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This book contends that the concept of fairness should be embraced and developed as a middle ground between strictly utilitarian and fundamental rights-based approaches to intellectual property (IP) law. Annette Kur, Nari Lee and Anna Tischner provide elegant arguments as to why this should be the case, and offer insights into how the operation of fairness as a legal notion can fulfil the role of mediator between the property aspects of IP law, market regulation and general welfare.
Constitutionalising Social Media
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Author : Edoardo Celeste
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-30
Constitutionalising Social Media written by Edoardo Celeste and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.