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The European court about the identical position of tenant and provider, as intermediaries of services, in terms of trademark infringement

By Božin Vlašković and Milica Sutova


According to the Directive 2004/48/EC provisions, Member States of the Union should enable right holders of intellectual property to issue an injunction against intermediaries, whose services are being used by a third party to violate these rights. However, intermediaries today offer their services to both the real (traditional) market and the virtual (digital) market. Given that the earlier practice of the European Court resolved the question of issuing injunctions against intermediaries in the virtual market, the question was raised about whether the liability of intermediaries in the real market is resolved in the same manner. The European Court gave an affirmative answer to this question. Member States, within their legislations, should provide measures, procedures and legal remedies, necessary to ensure the enforcement of the intellectual property rights. All imposed measures must be fair and equitable, not unnecessarily complicated or costly, nor to entail unreasonable time limits or unwarranted delays. Those measures shall be proportionate and dissuasive and shall be applied, in such a manner, as to avoid the creation of barriers to legitimate trade, and also, shall be effective enough in terms of suspension of existing and prevention of future infringements. Key words: virtual market, real market, infringements of trademark, injunction, the characteristics of the measures, procedures and remedies

Topics: Law
Publisher: Правни факултет Универзитета у Крагујевцу
Year: 2017
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