PT Journal
AU De Miguel Asensio, P
TI Internet Intermediaries and the Law Applicable to Intellectual Property Infringements
SO JIPITEC
PY 2012
BP 350
EP 360
VL 3
IS 3
DE Conflict of Laws.; Intellectual Property; Internet, Intermediaries; Safe Harbors; Secondary Liability
AB The coordination between territoriality restricted intellectual property rights and the potential global reach of Internet activities has been the focus of significant attention in recent years. The liability of Internet intermediaries offering potentially global services that may facilitate infringements of intellectual property rights by others in multiple countries poses a particular challenge in that regard. At a substantive law level, significant differences remain between jurisdictions regarding secondary liability for intellectual property rights infringements and safe harbor provisions for Internet intermediaries. The present article discusses the conflict of laws aspects of the liability of Internet intermediaries in light of the recent international efforts to adopt soft law provisions on intellectual property and private international law.
ER