Intellectual property rights : the immunity and liability of online intermediaries for copyright and trademark infringement in the European Union

Abstract

Law by its very nature adapts slowly. The emergence of electronic commerce is forcing law to speed up, rethink, and rework old legal principles. The online market pace is borderless and infinite. The Internet is now a dominant and fundamental player for global supply chains, trade and commerce. Online intermediaries and their business models play a major role in internet commerce. This dissertation focuses on the current legal framework for the protection of Intellectual Property rights online, particularly copyright and trademark infringement. The primary objective is to assess the liability and immunity of online intermediaries within the European Union. Key decisions of the CJEU will be analysed and questions about appropr9iate and proportionate legal burdens answered. Counterfeiting, music, and film copyright infringement continues to surge. More than ever the intermediaries are a soft target for Intellectual Property right holder lawsuits. In the Cyberspace playground, are the intermediaries playing fair? Will a uniform self-regulation system pioneered by eBay meet the legal standards and will the new Copyright Directive enforce monitoring on the intermediaries?