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

This book evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and proposes improvements such as a duty of care, transparency obligation, and supervisory authority. It is a valuable resource for researchers in IT and IP law.

Format: Hardback
Length: 360 pages
Publication date: 16 June 2022
Publisher: Bloomsbury Publishing PLC

The European Union's regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements is critically examined in this book, and a series of innovative recommendations are put forth for its improvement. To prevent the spread of unauthorized works and counterfeit goods, the book suggests imposing a duty of care on host ISPs, requiring them to take proactive measures to address these issues. Additionally, it proposes that host ISPs be held accountable for transparency towards their users, providing clear information about their practices and policies. Furthermore, the establishment of a supervisory authority for host ISPs is proposed to ensure effective monitoring and enforcement of the regulations.

Host ISPs have played a crucial role in facilitating the dissemination of content among users and the purchase of goods online, thereby expanding the reach of copyright holders and brand owners. However, their services have also been associated with a significant number of copyright and trade mark violations. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provides a comprehensive and effective response to the issue of host ISP liability.

This book offers valuable insights for researchers in IT and IP law and provides a fresh perspective on resolving online IP disputes. By proposing these innovative recommendations, the book aims to enhance the protection of intellectual property rights in the digital age and promote a fair and balanced environment for all stakeholders in the online ecosystem.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509948529