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Author: Martin Husovec Publisher: ISBN: Category : Languages : en Pages : 24
Book Description
Very few provisions of the European Union intellectual property enforcement framework are subject to so many preliminary references as orders against intermediaries. The website blocking case law is also an interesting case study from the perspective of the European harmonization. It shows how harmonisation by a halo effect can work. The widely-publicized use of a particular enforcement measure is replicated country-by-country, by a homogeneous group of stakeholders, thereby testing the local implementations and bringing its elements to the public scrutiny. The resulting picture painted by the domestic website blocking cases then reflects the state of Union harmonization. This piece contributes to the growing scholarship mapping the national post-implementation phase. It proceeds as follows. Part 1 gives a primer on Union law regarding injunctions against intermediaries. Part 2 explores the situation under the Dutch 'localization' of Union law, focusing particularly on injunctions, including against intermediaries, right to information and reimbursement of the costs. Part 3 explains the recent Dutch litigation chain concerning the website blocking and puts it in the broader context of discussions. Part 4 contrasts these findings with the situation under European Union law and practice in the other Member States. Part 5 concludes by evaluating the existing state of the harmonization in the area.
Author: Martin Husovec Publisher: ISBN: Category : Languages : en Pages : 24
Book Description
Very few provisions of the European Union intellectual property enforcement framework are subject to so many preliminary references as orders against intermediaries. The website blocking case law is also an interesting case study from the perspective of the European harmonization. It shows how harmonisation by a halo effect can work. The widely-publicized use of a particular enforcement measure is replicated country-by-country, by a homogeneous group of stakeholders, thereby testing the local implementations and bringing its elements to the public scrutiny. The resulting picture painted by the domestic website blocking cases then reflects the state of Union harmonization. This piece contributes to the growing scholarship mapping the national post-implementation phase. It proceeds as follows. Part 1 gives a primer on Union law regarding injunctions against intermediaries. Part 2 explores the situation under the Dutch 'localization' of Union law, focusing particularly on injunctions, including against intermediaries, right to information and reimbursement of the costs. Part 3 explains the recent Dutch litigation chain concerning the website blocking and puts it in the broader context of discussions. Part 4 contrasts these findings with the situation under European Union law and practice in the other Member States. Part 5 concludes by evaluating the existing state of the harmonization in the area.
Author: David F. Lindsay Publisher: ISBN: Category : Languages : en Pages :
Book Description
The most recent addition to intermediary liability law is the jurisdiction to award injunctions against intermediaries to block internet access in order to prevent online copyright infringements. This article identifies and analyses the limits on the new statutory jurisdiction to grant no-fault injunctions. In particular, it examines the potential role of the proportionality principle, as applied under European Union ('EU') law, to set appropriate limits on the award of blocking orders.
Author: Sandeep Mittal Publisher: ISBN: Category : Languages : en Pages : 5
Book Description
Beginning the year 2010, a strong trend of courts, across the European Union (EU) including United Kingdom, issuing blocking injunctions against Internet Service Providers (ISPs). These injunctions are issued by courts for infringement of intellectual property (IP) rights. The continuous streaming of such blocking injunctions against ISPs for employing technological means to make access difficult to the websites infringing the IP right has become a topic of hot debate among the students of law and human rights. The debate mainly revolves around the question of maintaining the balance between the rights of the holders of IP and rights of others like intermediaries and individuals accessing the internet including the fundamental rights of freedom of expression, which is precisely the scope of this article.
Author: Martin Husovec Publisher: Cambridge University Press ISBN: 1108415067 Category : Law Languages : en Pages : 296
Book Description
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
Author: Pedro De Miguel Asensio Publisher: Edward Elgar Publishing ISBN: 1035315130 Category : Law Languages : en Pages : 561
Book Description
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author: Giancarlo Frosio Publisher: Oxford Handbooks ISBN: 0198837135 Category : Law Languages : en Pages : 801
Book Description
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Author: Robert P. Merges Publisher: Edward Elgar Publishing ISBN: 1785368257 Category : Law Languages : en Pages : 679
Book Description
As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
Author: Martin Husovec Publisher: Oxford University Press ISBN: 0192882473 Category : Law Languages : en Pages : 513
Book Description
Numerous questions were at the heart of parliamentary discussions over the provisions of the Digital Services Act (DSA), the EU's new regulatory framework for digital services in Europe. How should liberal democracies prevent illegal and harmful activities online and protect fundamental rights? How should digital service providers assess the impact of their technology on others? And how should technology companies moderate user-generated content? Principles of the Digital Services Act analyses the DSA's key provisions, dissecting its mechanisms and components, to understand the new law's likely impact on digital services in Europe and beyond. The book puts the new legal framework into its political, economic, and social contexts by explaining its grounding within the frameworks of economic regulation and human rights. It examines the European legislature's approach to the DSA, offering a detailed historical account of the legislative and pre-legislative process. The book argues that the envisaged regulatory system has the potential to boost trust in the digital environment. However, its mechanisms must be able to rely on the robust network of civil society organisations and the regulators should follow a set of principles. In this way, the DSA's goal can be achieved through means that are firmly aligned with respect for individual liberties, including the freedom of expression. Combining academic research with practical insights, Principles of the Digital Services Act offers a robust analysis into how to apply and further develop the most important tools of the DSA to rebuild trust in the digital environment.
Author: Anna Szelągowska Publisher: Taylor & Francis ISBN: 1000484270 Category : Business & Economics Languages : en Pages : 370
Book Description
This book presents the ways in which three key issues of the modern world – transformation, digitalisation and sustainability – may be combined for the greater good and highlights which activities may be designed to integrate these three directly linked paths. It is an experience-derived and evidence-based analysis of how sustainable development impacts the transformation of the economy and how the business environment influences economic transformation in the light of the sustainable development principles. The book addresses the current challenges and shows how the economy can be transformed further in an organic way that meets the needs of society and the environment, through the use of digital technologies. The multidisciplinary approach to sustainability transformation is one of the core strengths of the book, as it emphasises the need for a holistic approach to the functioning of sustainable development ideas at the micro- and macro-levels. The authors present a fresh perspective, particularly around the regulations stimulating the sustainable development of enterprises, tax systems, and the allocation of capital. Moreover, the book brings together and makes available the results of the latest research on the subject, using a vast amount of primary evidence and both quantitative and qualitative methodology. The authors’ insights go beyond the obvious effects of economic transformation and call attention to ways in which smart technology and digitalisation may help to achieve the Sustainable Development Goals. The book is directed first and foremost towards academics, researchers and students, but also professionals, who would like to expand their knowledge of sustainable development from a scientific perspective. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author: Martin Husovec
Author: Martin Husovec
Author: David F. Lindsay
Author: Sandeep Mittal
Author: Martin Husovec
Author: Pedro De Miguel Asensio
Author: Giancarlo Frosio
Author: Robert P. Merges
Author: Husovec, Martin
Author: Martin Husovec
Author: Anna Szelągowska