Intermediaries and IP: 5 key principles of EU law
Marcus felt slightly challenged after reading all those CJEU IP decisions ... It is a truth universally acknowledged , that online IP enforcement must be (increasingly) in want of an effective involvement of intermediaries in the enforcement process. The topic thus turns to intermediary injunctions, ie something that at the EU level is substantially enshrined in two pieces of legislation, these being: the InfoSoc Directive (Art 8(3)), as far as injunctions in copyright cases are concerned; and the Enforcement Directive (Art 11, third sentence), with regard to the other IP rights. The relevant provisions have similar content. Art 8(3) states that " Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right." The third sentence of Art 11 provides that "Member Stat...