n the EU. This directive obliges the 25 member States of the EU to introduce domestic laws strengthening the enforcement of IP law by the 29th April 2006. Such measures must be effective, proportionate and dissuasive. The rights are to be made available not only to the copyright holder but also to licensees, collective rights management bodies and professional IP defence bodies. The directive provides that infringers of IP may be compelled by the courts to provide information concerning the origin of the illegal goods/services and the distribution network. Article 9 outlines the availability of interlocutory injunctions [interim interdicts in Scotland] to prevent imminent infringement of an IP right and orders to seize or deliver up infringing goods. In addition, national courts and tribunals may order that offending goods be recalled from channels of commerce or destruction. As an alternative to destruction or recall, pecuniary compensation may be appropriate in the case of unintentional breaches.
Topic Activities
1. Read the USA Department of Justice’s Report on IP Law. Do you agree with its findings and its principles that should underpin future American IP law? Post your thoughts on the Discussion Forum.
2. Should ISPs, other service providers and manufacturers and promoters of technology be held vicariously liable for misuse of the electronic communication service or technology by users? Does the G英语论文网 【http://www.51lunwen.org】rokster case chill the growth of online entertainment? Post your thoughts on the Discussion Forum.
3. Should information location tool providers be held liable for breaches of IP law? Should there be a defence for information location services similar to that available in the case of transient copying? Post your thoughts on the Discussion Forum.
4. Compare and contrast the cases of Church of Spiritual Technology v. Dataweb and Ticketmaster v. Tickets.com. Post your thoughts on the Discussion Forum.
5. Should computer programs be patentable per se? Post your thoughts on the Discussion Forum.
Further Reading
The Law of E-Commerce and the Internet in the UK and Ireland, 2006, Hedley, Cavendish, Ch. 3.
E-commerce Law, 2005, Paul Todd, Cavendish, Chs. 2-4.
US – Report of the DoJ’s Task Force on IP Law, October 2004, http://www.usdoj.gov/criminal/cybercrime/IPTaskForceReport.pdf
UK Copyright Service
http://www.copyrightservice.co.uk/copyright/law(01).htm
UK Government Intellectual Property website
http://www.intellectual-property.gov.uk/std/faq/copyright/internet.htm
Federation Against Software Theft http://www.fast.org.uk
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