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11 Internet Service Providers’ Secondary Liability for Trademarks Violations in the eu and the us

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Chapter Summary

This chapter analyses the liability of Internet Service Providers (ISPs) in the EU and the US, focusing on how courts are shaping the conditions and the extent of secondary liability of service providers. The aim is to assess to what extent the EU and US approaches differ, thereby affecting the free movement of information services and hampering the development of these services, and to what extent these countries have managed to establish legal certainty on liability necessary for ISP activity. The chapter focuses on safe harbours as interpreted by the ECJ. The application of safe harbours depends on national courts and different approaches to the issue exist, despite the fact that many member states have transposed Articles 12-14 e-commerce Directive (ECD) into their legal systems. This results from the significant discrepancies between the legal cultures in each EU member state due to the different sources of civil and criminal law.

Keywords: courts; criminal law; e-commerce Directive (ECD); Internet Service Providers (ISPs); safe harbours



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