Case Analysis A selection of leading case law and analysis to demonstrate the legal framework and principles in effect in the EU on IP protection

Cases play an important role in judicial practice and academic research and provide practical references for the application of law as well as reference material for theoretical contention. Cases are the best reflection for developments in the legal framework in theory and in practice.

In recent years, instances of copyright infringement have shifted from traditional to more and more online mechanism. Different forms of copyright infringement and liabilities exist and can apply online.

A selection of leading copyright cases in Europe for online infringement has been made for the period 1999 to 2009 in Online Copyright Liability: Leading European Cases, with a summary and analysis of each. The cases demonstrate liability for web site operators and other users; hosting providers; hosting user generated content providers; hyperlinking; search engines; and disclosure of personal data. It presents an overview of the legal framework and principles that are in force in Europe and shares the European experience in adjudicating online piracy cases including handling evidence, procedures and remedies for actions to enforce copyright online.

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View the IPR2 publication Online Copyright Liability: Leading European Cases.

All reference materials provided on the IP Law Search site come from open official sources and the EU-China IPR2 Project, except for a few documents, for which their copyright is referenced accordingly and is authorised by their respective copyright owners.

Where translations are not freely available (e.g. open government sites), we acknowledge the services of commercial providers in particular lawinfochina.com, links to which are provided for commercially available translations.

For China IP Search, the official Chinese versions are authoritative: English versions are provided for reference only, due to differences in language and legal systems etc. For the Europe Law Search the official version is, in most cases, in English; with the Chinese translation provided for reference only.

Subject to permission being obtained from the holders of copyright of the material provided where applicable, content may be reproduced and disseminated as long as it is attributed to the original source.

IP Law Search is a free-of-charge service. While it aims to be as comprehensive and accurate as possible, it does not claim to be exhaustive, invite reliance upon, nor accept responsibility for the information it provides.

IP Law Search makes every effort to provide a high quality service. However, neither IP Law Search, its host, its partner universities, nor the providers of data give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided. Users should confirm information from another source if it is of sufficient importance for them to do so.

Hypertext links on IP Law Search are inserted and updated regularly by the EU-China IPR2 Project and its partners, not by the data providers, which means that links may not be accurate in all cases. Neither IP Law Search, its host, its partner universities, nor its providers of data, give any guarantees, undertakings or warranties concerning hypertext linking.

This facility has been provided with the assistance of the European Union. Its contents are the sole responsibility of the EU-China IPR2 Project, and can in no way be taken to reflect the views of the European Union nor the relevant authorities of the People’s Republic of China.

Your opinions, comments and suggestions are valued in order to continue to improve the quality and expand the quantity of references provided. We welcome your feedback at info@ipr2.org.

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