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

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

Martin Husovec (Author)

9781108415064, Cambridge University Press

Hardback, published 30 November 2017

290 pages
23.5 x 15.8 x 2 cm, 0.54 kg

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.

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.

Subject Areas: Intellectual property law [LNR], International law [LB], Law [L], EU & European institutions [JPSN2]