Internet Service Provider Liability for Copyright and Trade Mark Infringement: Towards an EU Co-Regulatory Framework

European Union Law › Intellectual Property / Patent / Copyright

Internet Service Provider Liability for Copyright and Trade Mark Infringement: Towards an EU Co-Regulatory Framework

By Zoi Krokida
Hart Publishing June 2022

Specifications

ISBN-13
9781509948529
Publisher
Hart Publishing
Publication
June 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

Acknowledgements
List of Abbreviations
List of Cases

Introduction

Part I: Theoretical and Policy Considerations
1. Internet Regulatory Theories: Historical and Theoretical Background
1.1. Introduction
1.2. E-Commerce: Historical Background
1.3. Internet Regulatory Theories
2. Liability for Host Internet Service Providers: Theoretical and Policy Background
2.1 Introduction
2.2 Theories That Justify the Ascription of Liability Rules to Host Internet Service Providers as Intermediaries
2.2. Policy and Practical Reasons for the Ascription of Liability Rules to Internet Service Providers as Intermediaries
Part II: Evaluation of the Current Legislative Tools
3. The Host Internet Service Providers' Liability Framework Under Article 14 of the E-Commerce Directive for Trade Mark and Copyright Infringements: An Outdated Approach
3.1. Liability at the European Level Under the E-Commerce Directive
3.2. National Implementation of the E-Commerce Directive
3.3. Liability as per the National Traditions of EU Member States
3.4. Implications of Article 14 of the E-Commerce Directive
4. The Regulatory Framework of Online Content Sharing Service Providers Under Article 17 of the Copyright in the Digital Single Market Directive for Copyright Infringements: A Controversial Approach
4.1. Introduction
4.2. Liability of Online Content Sharing Service Providers at the European Level
4.3. National Implementation of Article 17 of the Copyright in the Digital Single Market Directive
4.4. Intersection with Article 14 of the E-Commerce Directive
4.5. Implications of Article 17 of the Copyright in the Digital Single Market Directive
Part III: Introducing a Co-Regulatory Framework
5. Redefining the Concept of Duty of Care
5.1. Introduction
5.2. Current Initiatives for a Duty of Care at the European Level and National Level
5.3. Normative Considerations for Duty of Care
5.4. Redefining the Concept for Duty of Care (Scope and Limitations)
6. Introducing a Statutory Provision for Transparency
6.1. Introduction
6.2. Current Initiatives for a Transparency Obligation at the European Level and National Level
6.3. Normative Considerations
6.4. Shaping a Transparency Obligation (Scope and Forms)
7. Establishing a Supervisory Authority: A Proposal
7.1. Introduction
7.2. Examples of Supervisory Authorities in Italy and Greece
7.3. Normative Considerations
7.4. Principles of the Proposed Supervisory Authority
7.5. Duties of the Proposed Supervisory Authority
7.6. Funding Schemes for the Proposed Supervisory Authority

Conclusion
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