Art. 8(1) EnforD

Posted in Art. 11 EnforD, Art. 8(1) EnforD, blocking, CJEU

[New Paper] Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands
I have recently uploaded on SSRN a new draft of a paper about harmonization and blocking (forthcoming in GRUR Int) that I co-authored with my student, Lisa van Dongen. It is an extension of the talk that I gave in Berlin last year during the JIPLP/GRUR event. I hope you will find it useful. As
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, injunctions, intermediaries, papers

Accountable, Not Liable (Video + New Paper)
The regular readers of this blog will know that I have spent last couple of years (and hours of blogging time) pondering on problems posed by injunctions that are issued against Internet intermediaries irrespective of their tortious liability. Today, I would like to share with you some of the fruits of this work – a
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, BGH, CJEU, injunctions

Munich Court Asks CJEU About Injunctions Against Operators of Open WiFis
Regional Court in Munich (LG München) last month filed a preliminary reference to the CJEU (Case 7 O 14719/12 – reported by OffeneNetze) asking several questions related to applicability of mere conduit safe harbour to free and open WiFis and also to possibilities of national courts to impose certain obligations on (non-liable) providers of such
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Posted in Art. 8(1) EnforD, banks, CJEU, enforcement, trade marks

New CJEU Case: Are Banks Required to Disclose the Identity of their Customers to Trade Mark Holders?
Some readers might remember my blog post on a Dutch decision BREIN v. ING, which basically asked the question whether banks are required to disclose the identity of their customers to copyright holders. As I indicated already in that blog post, German Federal Supreme Court (BGH) was hearing very similar trade mark case at the
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Posted in Art. 8(1) EnforD, Art. 8(3) InfoSoc, copyright, in rem injunctions, innocent parties injunctions, Pharma Norwich order, privacy

Are Banks Required to Disclose the Indentity of their Customers to Copyright Holders?
FutureOfCopyright reports very interesting recent Dutch copyright case – BREIN v. ING (Case No. C/13/539327). Local anti-piracy group BREIN sued well known bank and insurance company, ING, for disclosure of identity and bank transfers of one of it’s customers, who is a domain name holder of a website (largest Usenet community in the Netherlands with
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