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Study on Legislative Measures Related to Online IPR Infringements : A Project Commissioned by the European Union Intellectual Property Office

Riis, Thomas; Elholm, Thomas ; Nordberg, Ana LU ; Schwemer, Sebastian and Wallberg, Knud (2018)
Abstract
Intellectual property right (IPR) infringement has taken and increasingly takes place in the online environment, in particular on the internet, which has raised concerns on many different levels, and has led to a number of recent European initiatives. A number of legislative measures have been adopted at both international and European levels whose purposes are to strengthen and harmonise the protection of IPR. These measures include remedies, which aim to enable rights holders and law enforcement authorities, such as prosecutors, to enforce IPR in an effective manner.
However, the provisions in the abovementioned legislation are, for the most part, not drafted in ways that specifically address how to prevent or combat online IPR... (More)
Intellectual property right (IPR) infringement has taken and increasingly takes place in the online environment, in particular on the internet, which has raised concerns on many different levels, and has led to a number of recent European initiatives. A number of legislative measures have been adopted at both international and European levels whose purposes are to strengthen and harmonise the protection of IPR. These measures include remedies, which aim to enable rights holders and law enforcement authorities, such as prosecutors, to enforce IPR in an effective manner.
However, the provisions in the abovementioned legislation are, for the most part, not drafted in ways that specifically address how to prevent or combat online IPR infringement, but are -merely in the form of minimum requirements, which leave room for individual Member States to adopt and apply specific national measures.
The main purpose of this study commissioned by the EUIPO is, therefore, to establish whether and to what extent a number of specific legislative measures, which can be applied to prevent or combat IPR infringement in the online environment, are available in the Member States. The legislative measures that the study will focus on are measures that can be characterised as providing ‘practical solutions to practical problems’, such as the option to require that an online service provider discloses the identity of a customer who is suspected of infringing the IPR rights of a third party and the option to apply the European Investigation Order (EIO) to crimes involving IPR. (Less)
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author
organization
publishing date
type
Book/Report
publication status
published
subject
keywords
IPR enforcement, Digital economy, Intellectual Property Rights, Immaterialrätt
pages
115 pages
publisher
European Union Intellectual Property Office
ISBN
978-92-9156-256-5
DOI
10.2814/36519
language
English
LU publication?
yes
id
14a7a7ee-b2d9-4a9a-a577-d2525647d5e2
date added to LUP
2018-09-13 15:31:42
date last changed
2018-11-21 21:41:39
@techreport{14a7a7ee-b2d9-4a9a-a577-d2525647d5e2,
  abstract     = {Intellectual property right (IPR) infringement has taken and increasingly takes place in the online environment, in particular on the internet, which has raised concerns on many different levels, and has led to a number of recent European initiatives. A number of legislative measures have been adopted at both international and European levels whose purposes are to strengthen and harmonise the protection of IPR. These measures include remedies, which aim to enable rights holders and law enforcement authorities, such as prosecutors, to enforce IPR in an effective manner.<br/> However, the provisions in the abovementioned legislation are, for the most part, not drafted in ways that specifically address how to prevent or combat online IPR infringement, but are -merely in the form of minimum requirements, which leave room for individual Member States to adopt and apply specific national measures.<br/>The main purpose of this study commissioned by the EUIPO is, therefore, to establish whether and to what extent a number of specific legislative measures, which can be applied to prevent or combat IPR infringement in the online environment, are available in the Member States. The legislative measures that the study will focus on are measures that can be characterised as providing ‘practical solutions to practical problems’, such as the option to require that an online service provider discloses the identity of a customer who is suspected of infringing the IPR rights of a third party and the option to apply the European Investigation Order (EIO) to crimes involving IPR. },
  author       = {Riis, Thomas and Elholm, Thomas  and Nordberg, Ana and Schwemer, Sebastian and Wallberg, Knud},
  institution  = {European Union Intellectual Property Office},
  isbn         = {978-92-9156-256-5 },
  keyword      = {IPR enforcement,Digital economy,Intellectual Property Rights,Immaterialrätt},
  language     = {eng},
  month        = {09},
  pages        = {115},
  title        = {Study on Legislative Measures Related to Online IPR Infringements :  A Project Commissioned by the European Union Intellectual Property Office},
  url          = {http://dx.doi.org/10.2814/36519},
  year         = {2018},
}