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  • Injunctions against Intermediaries in the European Union: Accountable but Not Liable?

    Injunctions against Intermediaries in the European Union by Husovec, Martin;

    Accountable but Not Liable?

    Series: Cambridge Intellectual Property and Information Law; 41;

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      • Publisher's listprice GBP 109.00
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    55 164 Ft

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    Availability

    Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
    Not in stock at Prospero.

    Why don't you give exact delivery time?

    Delivery time is estimated on our previous experiences. We give estimations only, because we order from outside Hungary, and the delivery time mainly depends on how quickly the publisher supplies the book. Faster or slower deliveries both happen, but we do our best to supply as quickly as possible.

    Product details:

    • Publisher Cambridge University Press
    • Date of Publication 30 November 2017

    • ISBN 9781108415064
    • Binding Hardback
    • No. of pages290 pages
    • Size 235x158x20 mm
    • Weight 540 g
    • Language English
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    Short description:

    This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.

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    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.

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    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.

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