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Injunctions against Intermediaries in the European Union
Accountable but Not Liable?


Part of Cambridge Intellectual Property and Information Law

  • Author: Martin Husovec, Tilburg University Institute for Law, Technology, and Society
  • Date Published: December 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781108400213

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About the Authors
  • In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

    • Explores an emerging type of remedy - an injunction that can compel innocent third parties to assist in the enforcement of intellectual property rights
    • Reconceptualizes our interpretation of remedies, which allows the reader to improve their understanding of the current developments with insights from legal history, economics, and recent practice
    • Offers solutions on how to prevent or limit some of the problems that the broad notion of injunction against intermediaries allows
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    Product details

    • Date Published: December 2018
    • format: Paperback
    • isbn: 9781108400213
    • length: 295 pages
    • dimensions: 230 x 153 x 17 mm
    • weight: 0.44kg
    • availability: Available
  • Table of Contents

    Part I. Social and Economic Context:
    1. Introduction to the problem
    2. Enforcement economics
    Part II. European Framework:
    3. Historical legislative developments
    4. European intermediary liability framework
    Part III. Accountable but Not Liable: Injunctions for Assistance:
    5. Right to third-party information
    6. Conditions for injunctions against intermediaries
    7. Scope of injunctions against intermediaries
    8. Limits of injunctions against intermediaries
    Part IV. Legal Traditions:
    9. Injunctions in civil law: Germany
    10. Injunctions in common law: England
    Part V. Outlook and Conclusions:
    11. Global context
    12. Conclusions.

  • Author

    Martin Husovec, Tilburg University Institute for Law, Technology, and Society
    Martin Husovec is a Slovak-born lawyer and academic. He is Assistant Professor at Universiteit van Tilburg, The Netherlands, appointed jointly by the Tilburg Institute for Law, Technology, and Society (TILT) and The Tilburg Law and Economics Center (TILEC). Husovec holds a Ph.D. (awarded summa cum laude) from the Max Planck Institute for Innovation and Competition and Ludwig Maximilian University, Munich. He is also an Affiliate Scholar at Stanford Law School's Center for Internet and Society. His work has been cited by many media outlets including The New York Times and The Washington Post.

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