New IP law titles: from EU copyright to ISP liability

For some odd reasons, it seems that many good IP titles are being released at a time of the year when - at least in the Northern hemisphere - the attention for anything that relates to IP is increasingly and acutely replaced by a slightly stronger interest for holidays, sunshine, and the outdoors.

This has been also the fate of the following excellent titles:

The much-awaited second edition of Concise European Copyright Law, edited by Thomas Dreier and Bernt Hugenholtz (Kluwer:2016)

Despite the pretty appearance and title that might induce you into thinking that this is just concise overview of EU copyright law, be reassured that it's not [and not just because the tome exceeds 700 pages]. 

I first encountered this book (at that time in its first edition) as a student. It was hiding on a library shelf, pressed in between much heavier [in every sense] and thicker copyright books. The fame of the editors prompted me to open and read it: the contributors' ability to analyse relevant EU copyright directives in an essential yet thorough fashion left me very much impressed, and made me realise once again how those who truly master a certain discipline are able to say everything in a way that makes you think that the relevant concepts are actually easy to grasp. The truth is instead that it is not concepts per se which are easy, but it is rather their own explanation which possesses the clarity that can follow a complete understanding.

The second edition has retained this distinctive quality, which makes it a pleasure to read and consult. 

Bonus feature: In my own opinion, the commentary to the InfoSoc Directive (by Stefan Bechtold) is probably one of the most comprehensive and interesting ones currently available.


The Liability of Internet Intermediaries by Jaani Riordan (OUP:2016)

As the author observes in his preface, this is the first book dedicated to the doctrines and remedies which regulate the legal liability of internet intermediaries (or ISPs). 

Developed out Riordan's doctoral dissertation at Oxford, this book will appeal to academics and practitioners alike.

Also thanks to its rational and clear structure, the author has succeeded in a fairly challenging task (that few so far have completed successfully), ie explaining the law of ISP liability by showing also a thorough understanding of the functioning and ongoing development of underlying technologies.

Following an inquiry into relevant legal principles, the book also offers specific insights into topical areas of the law, including - amongst others - data protection, copyright, and defamation.

A particularly interesting section is the one devoted to Member States' case law in the area of website blocking. This is a must-read chapter that - if nothing else - shows how fragmented the relevant and seemingly harmonised ISP liability framework [and relevant remedies against ISPs] remains within the EU.  

                                                             [originally published on The IPKat on 22 August 2016]

Comments

Post a Comment

Popular posts from this blog

AG Szpunar advises CJEU not to extend direct liability for trade mark infringement to operators of online marketplaces

Image
Is the operator of an online marketplace (more specifically: a hybrid marketplace, which also provides logistics assistance to third-party sellers through a fulfilment programme) using third-party trade marks itself, in accordance with Article 9(2)   EUTMR , when it displays, on its marketplace, advertisements of independent sellers’ goods that infringe such trade mark rights, which it also delivers to end customers? Is the perception of a reasonably well informed and reasonably observant internet user relevant when undertaking such an assessment? Gigi was also awaiting her delivery ... These are the key issues on which the Court of Justice of the European Union (CJEU) has been requested to provide guidance.  Joined cases  Louboutin/Amazon , C-148/21 and C-184/21  are referrals for a preliminary ruling made in the context of highly similar proceedings pending before, respectively, Luxembourg’s Tribunal d’arrondissement (C-148/21) and Belgium’s Tribunal de l’entreprise francophone de Br
Read more

The Louboutin/Amazon cases (C-148/21 and C-184/21) and primary liability under EU trade mark law

Image
Merpel will be also spending the weekend shopping for (stiletto heel) shoes   Last year The IPKat   reported   on a new referral to the Court of Justice of European Union (CJEU) from Luxembourg’s Tribunal d’arrondissement, asking whether the operator of a hybrid marketplace could be considered directly liable for trade mark infringement due to the presence of third-party listings of infringing goods on its platform. That referral ( C-148/21 ) has now been joined to another one ( C-184/21 ) made in separate but highly similar proceedings pending between the same parties (Louboutin and Amazon) before the Tribunal de l’entreprise francophone de Bruxelles. In a nutshell, these joined cases are asking the CJEU to determine whether and, if so, at what conditions the operator of an online marketplace may be found liable under Article 9(2) of the  EU Trade Mark Regulation 2017/1001  (EUTMR) for the display of advertisements and the delivery of infringing goods that are offered for sale and pla
Read more

What does the CJEU judgment in the Polish challenge to Article 17 (C-401/19) mean for the transposition and application of that provision?

Image
  On 26 April 2022, the Court of Justice of the European Union (CJEU) delivered its long-awaited judgment in   Poland v European Parliament and Council  (C-401/19) . The Court held Article 17 of the   DSM Directive   compatible with freedom of expression and information under Article 11 of the   EU Charter of Fundamental Rights . In so doing, it rejected the request of the Republic of Poland to annul said provision. The Court also noted how currently no valid alternatives appear to exist to the use of automatic recognition and filtering tools in order to comply with the obligations under Article 17(4)(b)-(c) (para 54). The judgment considers that the liability regime established under Article 17(4) represents a restriction on freedom of expression/information (para 58). Nevertheless such a restriction is not undue. Internal safeguards are provided, of which six key ones are identified (see paras 85-98). Member States are required to consider such safeguards “when transposing Article 17
Read more