Copyright Enforcement: The Graduated Response Takes Centre Stage

(2012) 24(2) South African Mercantile Law Journal 133-147

Posted: 14 Apr 2016

Date Written: 2012

Abstract

This paper examines the graduated response scheme introduced in chapter 2 of the Anti-Counterfeiting Trade Agreement (ACTA) of 2010 as a measure for tackling the difficulty faced by copyright holders in litigating infringement of copyright through online file sharing in the digital environment against individuals and providers of online file sharing or peer-to-peer (P2P) platforms. Against the backdrop of ACTA’s international significance; international developments regarding the graduated response scheme; and absence of a legislative framework for the scheme in South Africa, the paper underscores the relevance and constitutional aspects of the scheme from a South African perspective.

Keywords: ACTA, Copyright enforcement, digital environment, online file sharing, South Africa

Suggested Citation

Ncube, Caroline B., Copyright Enforcement: The Graduated Response Takes Centre Stage (2012). (2012) 24(2) South African Mercantile Law Journal 133-147. Available at SSRN: https://ssrn.com/abstract=2758578

Caroline B. Ncube (Contact Author)

University of Cape Town ( email )

Private Bag
Rondebosch 7701
South Africa

HOME PAGE: http://www.commerciallaw.uct.ac.za/claw/staff/academic/cncube

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