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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.
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.
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