JOURNAL ARTICLE
Round-up of national decisions on online intermediaries and platforms 2023.
Published In: Journal of Intellectual Property Law & Practice, 2024, v. 19, n. 3. P. 217 1 of 3
Database: Legal Source 2 of 3
Authored By: Team, The Bird & Bird Ip 3 of 3
Abstract
The article focuses on significant 2023 judicial rulings concerning the liability and enforcement of intellectual property (IP) rights involving online intermediaries and platforms across several countries, with an emphasis on copyright issues. It reviews key decisions from Australia, the Czech Republic, Germany, Italy, the Netherlands, Poland, and Spain, highlighting how courts interpret platform liability, safe harbour provisions, and enforcement mechanisms under national and European Union (EU) law, including Directive 2019/790 and the Digital Services Act (Regulation 2022/2065). Notable cases include Germany's requirement for clear, unequivocal infringement notices to trigger platform liability; Italy's recognition of "active hosting" platforms' responsibility for user-uploaded infringing content; the Netherlands' affirmation of mere conduit and hosting safe harbours for usenet services; and Spain's use of dynamic blocking injunctions against infringing platforms. The article also addresses enforcement aspects such as the role of licensing terms in Australia and the balancing of privacy and enforcement interests in the Netherlands, illustrating evolving judicial approaches to intermediary liability and copyright enforcement in the digital environment.
Additional Information
- Source:Journal of Intellectual Property Law & Practice. 2024/03, Vol. 19, Issue 3, p217
- Document Type:Article
- Subject Area:Law
- Publication Date:2024
- ISSN:17471532
- DOI:10.1093/jiplp/jpad120
- Accession Number:176103580
- Copyright Statement:Copyright of Journal of Intellectual Property Law & Practice is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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