The browser you are using is not supported by this website. All versions of Internet Explorer are no longer supported, either by us or Microsoft (read more here: https://www.microsoft.com/en-us/microsoft-365/windows/end-of-ie-support).

Please use a modern browser to fully experience our website, such as the newest versions of Edge, Chrome, Firefox or Safari etc.

Portrait of Ana Nordberg. Photo.

Ana Nordberg

Senior lecturer

Portrait of Ana Nordberg. Photo.

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

Author

  • Thomas Riis
  • Thomas Elholm
  • Ana Nordberg
  • Sebastian Schwemer
  • Knud Wallberg

Summary, in English

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.

Department/s

  • Human Rights Law
  • Department of Law

Publishing year

2018-09-13

Language

English

Document type

Report

Publisher

European Union Intellectual Property Office

Topic

  • Law

Keywords

  • IPR enforcement
  • Digital economy
  • Intellectual Property Rights
  • Immaterialrätt

Status

Published

Research group

  • Human Rights Law

ISBN/ISSN/Other

  • ISBN: 978-92-9156-256-5