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Internet Intermediaries and Trade Mark Rights (Paperback)
Loot Price: R1,218
Discovery Miles 12 180
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Internet Intermediaries and Trade Mark Rights (Paperback)
Series: Routledge Research in Intellectual Property
Expected to ship within 12 - 17 working days
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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.
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