Abstract
The quest for common principles of secondary liability for the infringement of Intellectual Property Rights (IPRs) in Europe faces a double challenge. First, the question that has to be answered is whether there are common principles of secondary liability with regard to different kinds of IPRs. As a matter of course, the answer to this question as well as the availability and conditions of actions concerning joint and contributory liability, may differ in the laws of the different Member States. Therefore, secondly, the question has to be answered whether identifiable common principles of secondary liability exist in the different Member States’ laws. The answer to this second question is obviously influenced by the framework of secondary Community law in the field of intellectual property which, therefore, must also be taken into account.
Leistner, Matthias, Common Principles of Secondary Liability? (September 10, 2018). Common Principles of European Intellectual Property Law, 2012, 117-146.
First posted 2018-09-13 05:45:54
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