Routledge research in intellectual property
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.
Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Table of Contents; Foreword by Graeme B. Dinwoodie; Acknowledgements; List of abbreviations; Chapter 1: The internet, intermediaries and trade mark infringements; Defining 'internet intermediaries'; Shifting focus-from individual infringers to intermediaries; Reasons for a trade mark perspective; Approach and structure of the book; A word about Brexit; Chapter 2: Liability under trade mark law; The 'use' requirement; The keyword advertising cases; The Advocate General's opinion The CJEU ruling and the 'commercial communication' requirementThe impact of the 'commercial communication' requirement on the liability of internet intermediaries; Chapter 3: Accessory liability; Accessorial liability, a concept alien to trade mark law; Accessory liability under the common law; Liability for assisting a tort; Some predictions for the future; Chapter 4: Approaches elsewhere-across the English Channel and the Atlantic; Cases in select EU Member States; France; Germany; Belgium; Summary of the legal position relating to the liability of hosts; Cases in the US; Hosts ISPs and navigation providersReflecting on commonalities; Chapter 5: A proposal for law reforms; The practical significance of monetary relief; The proposal for law reforms; ISPs; Navigation providers; Hosts; Section 10-Infringement of registered trade marks; The consistency of the proposed reforms with EU law; Foreseeable consequences of the proposed reforms; Chapter 6: Notice and takedown; The DMCA safe harbour-a legislative response to promote online innovation and speech; DMCA and the practice of notice and takedown; The abuse of notice and takedown the empirical evidence Academic commentaries on the abuse of notice and takedownImplications for the trade mark context; Chapter 7: Notice and takedown and its impact on legitimate third-party uses of trade marks; The complex issue of 'use' on the internet; The contextual and complex nature of 'use'; Frivolous assertions; Context-specific cases; Clear-cut cases; Trade mark bullying; Balancing the scales-incorporating safeguards; Some further reflections; Chapter 8: Injunctions against intermediaries-legal basis; The legal basis for injunctions against intermediaries; The copyright context; The trade mark context Hosts as intermediariesHosts as infringers; Possible reforms at the EU level; Chapter 9: Injunctions against intermediaries-practical considerations; Natural justice; Safeguards against abuse; Circumvention; Collateral damage; Costs of implementation; Some thoughts for the future; Bibliography; Index
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OCLC-licensed vendor bibliographic record.