Injunctions against Intermediaries in the European Union
Accountable but Not Liable?
Publisher: Cambridge University Press
Date of Publication: 30 November 2017
Normal price:
Publisher's listprice:
GBP 100.00
GBP 100.00
Your price:
43 470 (41 400 HUF + 5% VAT )
discount is: 10% (approx 4 830 HUF off)
The discount is only available for 'Alert of Favourite Topics' newsletter recipients.
Click here to subscribe.
Click here to subscribe.
Availability:
Estimated delivery time: Currently 3-5 weeks.
Not in stock at Prospero.
Can't you provide more accurate information?
Not in stock at Prospero.
Product details:
| ISBN13: | 9781108415064 |
| ISBN10: | 1108415067 |
| Binding: | Hardback |
| No. of pages: | 290 pages |
| Size: | 235x158x20 mm |
| Weight: | 540 g |
| Language: | English |
| 0 |
Category:
Short description:
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
Long description:
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.
Table of Contents:
Part I. Social and Economic Context: 1. Introduction to the problem; 2. Enforcement economics; Part II. European Framework: 3. Historical legislative developments; 4. European intermediary liability framework; Part III. Accountable but Not Liable: Injunctions for Assistance: 5. Right to third
-party information; 6. Conditions for injunctions against intermediaries; 7. Scope of injunctions against intermediaries; 8. Limits of injunctions against intermediaries; Part IV. Legal Traditions: 9. Injunctions in civil law: Germany; 10. Injunctions in common law: England; Part V. Outlook and Conclusions: 11. Global context; 12. Conclusions.
-party information; 6. Conditions for injunctions against intermediaries; 7. Scope of injunctions against intermediaries; 8. Limits of injunctions against intermediaries; Part IV. Legal Traditions: 9. Injunctions in civil law: Germany; 10. Injunctions in common law: England; Part V. Outlook and Conclusions: 11. Global context; 12. Conclusions.
