Kambovski, Igor and Sutova, Milica (2019) Liability of the providers as intermediaries of e-commerce services in terms of trademark infringement. In: Legal tradition and new legal challenges, 3-4 Oct 2019, Novi Sad, Serbia. (Unpublished)
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Abstract
The development and widespread use of new technologies further complicate the interpretation and application of the rights of the holder, and thus their interaction with other norms. Does freedom of expression on the internet, constitute new freedom, or is this a new form of expression that should be included in the existing framework? The sale of fake products through on-line sale sites, as well as parallel imports, resulting in legal consequences for the rights of the titles, imposed the need to analyze this issue. Under Directive 2004/48 / EC, Member States of the Union should provide in their laws measures to ensure the enforcement of intellectual property rights and to prevent future infringements.
The subject of this analysis is the liability of electronic commerce platforms in infringement of the rights of the industrial property title, as well as the taking of measures to prevent the future infringement. In order to create an effective system for exercising their rights, the holder should be able to request the issuing of a court order, not only against the person who infringements the rights, but also against the mediator whose services are used by third parties for their infringement. The aim of this paper is to point out that only an efficient system of protection and proper implementation of the legislation, taking into account the practice of the European Court of Justice will contribute to the stabilization of the economic circulation of goods and services.
Key words: infringement of trademark rights, court order, electronic commerce, protection measures.
| Item Type: | Conference or Workshop Item (Speech) |
|---|---|
| Subjects: | Social Sciences > Law |
| Divisions: | Faculty of Law |
| Depositing User: | Milica Sutova |
| Date Deposited: | 04 Feb 2020 12:37 |
| Last Modified: | 04 Feb 2020 12:37 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/23702 |
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