A comparison of the legitimacy of recent legislative and non-legislative pressures exerted on the EU intermediary liability framework
This paper analyses the impact of EU law reform and voluntary measures on the existing intermediary liability framework in the intellectual property enforcement context. The paper concludes that changes to the intermediary liability framework are inevitable. However, in many instances, the changes proposed by the EU law reform are already in line with the existing acquis, whereas voluntary measures in their many forms exacerbate fragmentation of liability across the EU and should be avoided as a means of bypassing the established legal framework.
The Global Digital Enforcement of Intellectual Property
This article looks at the challenges faced by the digital environment in protecting intellectual property and addresses the need for effective global measures. Reference is made to piracy and counterfeits in social media, digital tools, and global guidelines.
A critical discussion of current online copyright enforcement and of a comprehensive solution to overcome its shortcomings
This paper critically assesses the current copyright enforcement system as increasingly oppressive with major shortcomings in its actions against users, platforms and intermediaries. It poses three solutions: a content flat-rate that would lead to decriminalisation amongst other benefits, a public awareness campaigns which would raise acceptance for the content flat-rate, and shortening the terms of copyright protection.
Study on Approaches to Online Trademark Infringements
The study reviews the nature of the global problem of online counterfeits, the common approaches to voluntary measures and the “ratio” principles of intermediary responsibility, the issues of proportionate costs borne by brand owners and platforms, blocking injunctions and other remedies, jurisdiction, the international and cross-border enforcement of judgments, voluntary arbitration, criminal measures, administrative and customs measures, blacklisting and whitelisting.
Blockchain vs. The Law: Can Blockchain and Data Privacy Co-exist?
This paper explains the blockchain infrastructure and the scope of the GDPR as a protection of fundamental rights. It analyses the conflict in objectives between the GDPR and blockchain technology; whilst the former aims to regulate data-collection in a centralised manner, the latter, by nature, is a decentralised ledger technology that utilises a proof-of-work concept. This paper argues that the blanket protection of the GDPR cannot be maintained to co-exist with blockchain technology, especially in its permissionless form, and if unchanged, will stifle the opportunities offered by the use of blockchain. It therefore suggests a discretionary approach when applying the GDPR to blockchain technology, such as altered attitudes towards the data controller and alternative means to achieving ‘rectification’ and ‘erasure’.
A green paper addressing the role of social media in the fight against counterfeit: Is the current legal framework regarding intermediary liability sufficient to enforce intellectual property rights on social media platforms in the EU, US and China
This paper tackles the framework needed to set up a task force under the umbrella of the World Intellectual Property Organization (WIPO) to tackle counterfeit on social media platforms (SMPs) in the EU, US and China. It maintains that SMPs, rights holders and users must unite in providing their own perspectives in addressing these issues. It begins by evaluating the current legal framework, then suggesting the use of technology and concluding that a task-force may be worth pursuing, with the objective of disrupting supply and demands of counterfeits on SMPs. It proposes the innovative use of blockchain for right holders and a shared onus of proof between right holders and SMPs, yet it recognises the obstacles posed by the fundamental right of expression and right to privacy.
Is Enforcement in the Domain Name System a Legitimate Solution to the Jurisdiction Problem seen in Google v Equustek?
The case of Google v Equustek directly grappled with jurisdiction on the Internet. This paper addresses the concerns raised in Equustek and investigates the Domain Name System as a possible platform for multi-jurisdictional online Intellectual Property enforcement. The author concludes that an Arbitration body with authority in the Domain Name System, akin to the UDRP, is the most plausible answer.
To what extent should copyright law be constrained by the right to freedom of expression in the digital world?
This paper analyses the copyright and freedom of expression dichotomy, noting that a balance must be met. It argues that current measures such as website-blocking orders and notice and take-down systems are an encroachment on freedom of expression, therefore new legislation is needed from both the CJEU and ECtHR. It suggests the use of new compensation mechanisms for right holders and ‘creative’ exceptions as an attempts to maintain this balance.
Trade Mark Enforcement in Social Media
The social media platform has become one of the primary tools for advertising and marketing right now. However, trademark infringement caused by brand hijacking, trademark dilution, and the proliferation of counterfeit goods occurs frequently. This article will discuss the enforcement of trademarks in social media from aspects mentioned above.
Legal Opinion on the Best Possible Means and Digital Tools for Fazinger to Review and Implement in the Online Battle against Counterfeit Dimiflu throughout the World
Sales of counterfeited pharmaceuticals have exploded since digititalisation. Opportunities to sell fake medicines are more than ever accessible to any individual and it has disastrous consequences, notably for pharmaceutical brand owners who have difficulty to protect their intellectual property rights. This memorandum seeks to analyse how cooperation with Internet players and cyber law enforcement authorities; the use of serialisation and innovative technologies such as the Blockchain; a better education of the public can dramatically provide companies with an effective protection of their best assets in the long term.
“Normative aspects” of dealing with demand for counterfeit goods and strategies to reduce the demand
Increasingly consumers are normalising the online purchase of counterfeit goods. This deviation between social and legal norms is occurring for a number of reasons including because of a lack of consumer focussed anti-counterfeit measures. Measures to reduce consumer demand for counterfeit goods online include public education campaigns to increase consumer knowledge of harms associated with counterfeits and to increase media literacy as well as white and black lists documenting websites selling authentic and counterfeit goods.
The Application and Challenges of Blockchain in Intellectual Property Driven Business in China
This article demonstrates that disruptive Blockchain technology can be applied to intellectual property-driven businesses – fighting piracy, securing supply-chains, and tracking and tracing provenance for example. However, the use of Blockchain in intellectual property driven businesses also raises some questions. For example, how can users be sure the information on Blockchain is completely reliable? How will providers and users cope with possible crossjurisdictional legal issues? Equally, regulatory issues will continue to be of major concern to the implementation of Blockchain. Some initiatives already undertaken in China and elsewhere could potentially set new standards, norms, and legal principles.