Injunctions against Intermediaries in the European Union

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Injunctions against Intermediaries in the European Union

Accountable but Not Liable?

International institutions Law International law Intellectual property law

Author: Martin Husovec

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Collection: Cambridge Intellectual Property and Information Law

Language: English

Published by: Cambridge University Press

Published on: 30th November 2017

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781108244466


In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties.

These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort.

At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited.

This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

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