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Internet Service Provider Liability for Copyright and Trade Mark Infringement

Internet Service Provider Liability for Copyright and Trade Mark Infringement PDF Author: Zoi Krokida
Publisher: Bloomsbury Publishing
ISBN: 1509948538
Category : Law
Languages : en
Pages : 416
Book Description
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 PDF Author: Zoi Krokida
Publisher: Bloomsbury Publishing
ISBN: 1509948538
Category : Law
Languages : en
Pages : 416
Book Description
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 PDF Author: Zoi Krokida
Publisher: Bloomsbury Publishing
ISBN: 150994852X
Category : Law
Languages : en
Pages : 359
Book Description
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.

The Copyright Infringement Liability of Online and Internet Service Providers

The Copyright Infringement Liability of Online and Internet Service Providers PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 128
Book Description


Secondary Liability of Internet Service Providers

Secondary Liability of Internet Service Providers PDF Author: Graeme B. Dinwoodie
Publisher: Springer
ISBN: 3319550306
Category : Law
Languages : en
Pages : 386
Book Description
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.

Intellectual Property Law

Intellectual Property Law PDF Author: Lionel Bently
Publisher: Oxford University Press
ISBN: 0198869916
Category : Law
Languages : en
Pages : 1561
Book Description
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

Sponsored Links and Trademark Infringement

Sponsored Links and Trademark Infringement PDF Author: Daniel Kalisch
Publisher: GRIN Verlag
ISBN: 3640991729
Category : Law
Languages : en
Pages : 84
Book Description
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.

Web Law

Web Law PDF Author: Jonathan D. Hart
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 512
Book Description


Internet Law

Internet Law PDF Author: Jonathan D. Hart
Publisher: Bna Books
ISBN:
Category : Law
Languages : en
Pages : 712
Book Description


A Museum Guide to Copyright and Trademark

A Museum Guide to Copyright and Trademark PDF Author: Michael Steven Shapiro
Publisher: Amer Alliance of Museums Press
ISBN:
Category : Art
Languages : en
Pages : 260
Book Description
While not offering formal legal advice, this guide is designed to give museum professionals a clearer understanding of intellectual property issues as they intersect with museum practice. It outlines a legal framework for understanding copyright and trademark principles, and applies that framework to actual and hypothetical examples. Chapters focus on copyright, trademark, the World Wide Web, licensing, and international issues. Annotation copyrighted by Book News, Inc., Portland, OR

Copyright and Trademark Law for the Nonspecialist

Copyright and Trademark Law for the Nonspecialist PDF Author:
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages :
Book Description