Injunctions Against Intermediaries in the European Union: Accountable but Not Liable?

Intellectual Property / Patent / Copyright

Injunctions Against Intermediaries in the European Union: Accountable but Not Liable?

By Martin Husovec
Cambridge University Press December 2018

Specifications

ISBN-13
9781108400213
Publisher
Cambridge University Press
Publication
December 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties.

These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited.

This book outlines the paradigmatic shift this entails for the future of the internet and analyzes the associated legal and economic opportunities and problems.

Table of Contents

Part I. Social and Economic Context:
1. Introduction to the Problem
2. Enforcement Economics

Part II. European Framework:
3. Historical Legislative Developments
4. European Intermediary Liability Framework

Part III. Accountable But Not Liable: Injunctions for Assistance:
6. Conditions for Injunctions against Intermediaries
7. Scope of Injunctions against Intermediaries
8. Limits of Injunctions against Intermediaries

Part IV. Legal Traditions:
9. Injunctions in Civil Law: Germany
10. Injunctions in Common Law: England

Part V. Outlook and Conclusions:
11. Global Context
12. Conclusions.
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