Presumed Innocent: Should the Law on Online Copyright Enforcement and ISP Liability Change?

(2017) 2(17) Nordiskt Immateriellt Rättsskydd 97

27 Pages Posted: 27 Mar 2017 Last revised: 13 May 2017

Nedim Malovic

Independent

Date Written: March 26, 2017

Abstract

This article considers, on the one hand, the legislative and judicial framework on intermediary liability and remedies (injunctions) that can be sought against them and, on the other hand, the national implementations and judicial interpretations of relevant provisions. Despite the harmonising efforts of EU legislature, significant divergences remain at the national level.

Among other things, the contribution holds the view that, even before consideration of whether the current framework on intermediary liability and remedies at the EU level should be amended, what is needed is a greater degree of harmonisation across the EU. It is submitted that this is also necessary to achieve one of the goals of the Digital Single Market Strategy, i.e. improving online IP enforcement.

Keywords: online IP enforcement, ISPs, injunctions, safe harbours, Ecommerce Directive, InfoSoc Directive

Suggested Citation

Malovic, Nedim, Presumed Innocent: Should the Law on Online Copyright Enforcement and ISP Liability Change? (March 26, 2017). (2017) 2(17) Nordiskt Immateriellt Rättsskydd 97. Available at SSRN: https://ssrn.com/abstract=2941087

Nedim Malovic (Contact Author)

Independent ( email )

No Address Available

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