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

Format: Paperback / softback
Length: 416 pages
Publication date: 28 December 2023
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 evaluated in this book, and a series of innovative recommendations are provided for its improvement. To address the issue of unauthorized works and counterfeit goods dissemination, the book suggests imposing a duty of care on host ISPs, requiring them to take proactive measures to prevent the spread of such content. Additionally, it proposes that host ISPs be held accountable for transparency towards their users, disclosing information about the actions they take to address copyright and trade mark violations. 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 attracted a significant number of copyright and trade mark violations. The existing legal frameworks, such as Article 14 of the e-Commerce Directive and Article 17 of the Copyright in the Digital Single Market Directive, do not provide 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.

Weight: 546g
Dimension: 156 x 235 x 21 (mm)
ISBN-13: 9781509948567