Common Principles of Secondary Liability?

Common Principles of European Intellectual Property Law, 2012, 117-146

27 Pages Posted: 12 Sep 2018

See all articles by Matthias Leistner

Matthias Leistner

Ludwig Maximilian University of Munich (LMU) - Institute for Civil Law and Procedure; University of Bonn - Institute for Commercial and Economic Law

Date Written: September 10, 2018

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.

Keywords: Intellectual Property Rights, Copyright, harmonization, European Court of Justice, secondary liability

JEL Classification: K

Suggested Citation

Leistner, Matthias, Common Principles of Secondary Liability? (September 10, 2018). Common Principles of European Intellectual Property Law, 2012, 117-146, Available at SSRN: https://ssrn.com/abstract=3247132

Matthias Leistner (Contact Author)

Ludwig Maximilian University of Munich (LMU) - Institute for Civil Law and Procedure

Marstallplatz 1
Munich, D-80539
Germany

University of Bonn - Institute for Commercial and Economic Law ( email )

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