Internet Intermediaries And Trade Mark Rights

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Internet Intermediaries and Trade Mark Rights

Author : Althaf Marsoof
Publisher : Routledge
ISBN 13 : 1351208497
Total Pages : 249 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Internet Intermediaries and Trade Mark Rights by : Althaf Marsoof

Download or read book Internet Intermediaries and Trade Mark Rights written by Althaf Marsoof and published by Routledge. This book was released on 2019-06-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Holding Internet Intermediaries Accountable for Infringements of Trademark Rights

Author : Mohomed Ali Althaf Marsoof
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)

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Book Synopsis Holding Internet Intermediaries Accountable for Infringements of Trademark Rights by : Mohomed Ali Althaf Marsoof

Download or read book Holding Internet Intermediaries Accountable for Infringements of Trademark Rights written by Mohomed Ali Althaf Marsoof and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Liability of Internet Intermediaries

Author : Jaani Riordan
Publisher : Oxford University Press
ISBN 13 : 0198719779
Total Pages : 705 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Liability of Internet Intermediaries by : Jaani Riordan

Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Oxford Handbook of Online Intermediary Liability

Author : Giancarlo Frosio
Publisher : Oxford University Press
ISBN 13 : 0192573985
Total Pages : 801 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oxford Handbook of Online Intermediary Liability by : Giancarlo Frosio

Download or read book Oxford Handbook of Online Intermediary Liability written by Giancarlo Frosio and published by Oxford University Press. This book was released on 2020-05-04 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Liability of Consumers, Facilitators and Intermediaries

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141367
Total Pages : 312 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property Liability of Consumers, Facilitators and Intermediaries by : Christopher Heath

Download or read book Intellectual Property Liability of Consumers, Facilitators and Intermediaries written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.

Trademarks and Social Media

Author : Danny Friedmann
Publisher : Edward Elgar Publishing
ISBN 13 : 178347954X
Total Pages : 400 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Trademarks and Social Media by : Danny Friedmann

Download or read book Trademarks and Social Media written by Danny Friedmann and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Contributory Liability on the Internet

Author : Berrak ç-Gelgeç
Publisher :
ISBN 13 : 9781527597389
Total Pages : 0 pages
Book Rating : 4.5/5 (973 download)

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Book Synopsis The Law of Contributory Liability on the Internet by : Berrak ç-Gelgeç

Download or read book The Law of Contributory Liability on the Internet written by Berrak ç-Gelgeç and published by . This book was released on 2023-04-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 73 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights by : World Intellectual Property Organization

Download or read book The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-28 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Contributory Liability on the Internet

Author : Berrak Genç-Gelgeç
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527579360
Total Pages : 270 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Law of Contributory Liability on the Internet by : Berrak Genç-Gelgeç

Download or read book The Law of Contributory Liability on the Internet written by Berrak Genç-Gelgeç and published by Cambridge Scholars Publishing. This book was released on 2022-01-10 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries - Part I

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4./5 ( download)

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Book Synopsis Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries - Part I by : World Intellectual Property Organization

Download or read book Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries - Part I written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-28 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Professor Seng seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the first consisting of a “Survey of National Legislation and Jurisprudence on the Liability of Internet Intermediaries in the Field of Copyright and Related Rights”, covering 30 jurisdictions.

Guiding Rights

Author : Mark V. B. Partridge
Publisher : iUniverse
ISBN 13 : 0595290558
Total Pages : 156 pages
Book Rating : 4.5/5 (952 download)

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Book Synopsis Guiding Rights by : Mark V. B. Partridge

Download or read book Guiding Rights written by Mark V. B. Partridge and published by iUniverse. This book was released on 2003 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet Age has dramatically increased the importance of intellectual property rights. Disputes over domain names, shared music files, spam and cybersquatting are only a few examples of the matters now prominent in the news. Mark V.B. Partridge, a seasoned lawyer who advises major corporations on these issues everyday, explains in the articles collected in Guiding Rights the laws and principles shaping these important rights. Partridge's writing is clear and direct, emphasizing the fundamental principles that provide a firm foundation for the core concerns of copyright and trademark law. He also shares practical tips gleaned from many years of experience on how to avoid pitfalls and achieve success in litigation. By avoiding legalese or detailed statutory construction, Partridge quickly identifies the key points necessary for anyone desiring a better understanding of the law guiding the rights of authors, business and entrepreneurs on the Internet. Lawyers and non-lawyers alike will profit from this useful collection.

Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries – Part 2

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 73 pages
Book Rating : 4./5 ( download)

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Book Synopsis Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries – Part 2 by : World Intellectual Property Organization

Download or read book Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries – Part 2 written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-12-07 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Professor Fernández-Diéz seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the second containing a conclusion resulting from the Survey (first part) which defines trends and commonalities in the treatment of the responsibility of Internet intermediaries.

Trademark Law & the Internet

Author : Lisa E. Cristal
Publisher :
ISBN 13 :
Total Pages : 704 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Trademark Law & the Internet by : Lisa E. Cristal

Download or read book Trademark Law & the Internet written by Lisa E. Cristal and published by . This book was released on 2001 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Author : Zoi Krokida
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948546
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Internet Service Provider Liability for Copyright and Trade Mark Infringement by : Zoi Krokida

Download or read book Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fostering freedom online: the role of Internet intermediaries

Author : MacKinnon, Rebecca
Publisher : UNESCO Publishing
ISBN 13 : 923100039X
Total Pages : 211 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Fostering freedom online: the role of Internet intermediaries by : MacKinnon, Rebecca

Download or read book Fostering freedom online: the role of Internet intermediaries written by MacKinnon, Rebecca and published by UNESCO Publishing. This book was released on 2015-01-29 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a unique role in linking authors of content and audiences. They may either protect or jeopardize end user rights to free expression, given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content. This research aims to identify principles for good practices and processes that are consistent with international standards for free expression that Internet intermediaries may follow in order to protect the human rights of end users online.

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Author : Zoi Krokida
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948538
Total Pages : 359 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Internet Service Provider Liability for Copyright and Trade Mark Infringement by : Zoi Krokida

Download or read book Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Intermediary Liability in Copyright: A Tort-Based Analysis

Author : Christina Angelopoulos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168419
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos

Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.