IPR Enforcement Case-Law Collection - The liability and obligations of intermediary service providers in the European Union - Augustus 2019
"[...] This case-law collection provides an overview of the latest developments in this fast evolving area and of the main conclusions of selected cases including decisions of the Court of Justice of the European Union and of national courts issued between 2016 and the beginning of 2019.
Online sales are not limited to the large well-known online marketplaces but are increasingly being used by small and medium-sized firms via websites or mobile apps. The latest statistics from Eurostat show that during 2017, 42 % of large enterprises in the EU, 28 % of medium-sized enterprises and 17 % of small enterprises engaged in e-sales.
In addition to legitimate transactions, there is a dark side, with some websites or online marketplaces being used to sell counterfeit goods or as the source of illegal downloads of music, videos or games.
The EUIPO’s collaboration with intermediaries in addressing IP rights infringements has been intensified and this is one of the growing areas of work of the Observatory. An expert group on cooperation with intermediaries has been set up and the Office plans to work more closely with e-commerce platforms.
By bringing together these case-law decisions in a single report, the EUIPO hopes to make them more accessible and cast further light on the rights and obligations of the intermediaries that are increasingly being used by European consumers and businesses of all sizes."