Thursday 7 February 2019, 18.00, Room EB 306
EU law provides that, in principle and insofar as certain conditions are satisfied, information society service providers are not liable for infringements committed by users of their services (safe harbours). While being without prejudice to the safe harbour regime, EU law also sets an obligation for EU Member States to ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an IP right. Yet, the conditions and modalities for such injunctions are left to the laws of individual Member States, the result being a fragmentation of approaches across the EU. In all this, recent case law and policy initiatives have also put forward the idea that information society service providers might be considered as directly responsible (and liable) for the making available of user-uploaded content. This talk will explore recent developments in the area of enforcement, by discussing safe harbours, injunctions against intermediaries (including responsibility for the costs), and the direct liability of information society service providers.
Eleonora Rosati is Associate Professor in Intellectual Property Law at the University of Southampton.