Intermediary Liability and Online Trade Mark Infringement: Emerging International Common Approaches

Abstract

This chapter discusses intermediary liability for trade mark infringement from an international perspective. Given that the lack of uniform international guidelines has made tackling counterfeits in a borderless digital environment even more challenging, this chapter demonstrates that common approaches are emerging at the international level for online trade mark infringement. The chapter outlines transnational principles of intermediary liability, including notice and takedown obligations and availability of blocking injunctions. In addition, this chapter indicates how common international principles coupled by a ius gentium of voluntary measures results from voluntary cooperation between online intermediaries and rightsholders to help prevent infringement. However, it is important to strike a fair balance with other fundamental rights, such as freedom of expression, information and lawful competition.