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

Zoi Krokida

ISBN13: 9781509948536

Published: June 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £40.49
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9781509948529

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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.

Subjects:: Intellectual Property Law, EU Law, eBooks, IT, Internet and Artificial Intelligence Law

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