The framework for enforcing copyright and related rights

Abstract

Abstract Moving from an objectively thin legislative framework, the Court of Justice of the European Union (CJEU) has produced a substantial body of case law on the enforcement of copyright (and, more generally, IP rights). As a result, it has developed a principled framework in this area, including having regard to the online dimension of rights protection. Chapter 7 focuses on enforcement broadly intended, showing how the legislative framework alone—including the InfoSoc Directive, the Ecommerce Directive, and the Enforcement Directive—provides limited guidance regarding the construction of relevant concepts and available remedies. What has been key to the creation of an EU enforcement framework has been, once again, the role of the Court, which is particularly visible in respect of safe harbour availability and monitoring obligations of information society service providers (ISSPs), injunctions against intermediaries, costs and damages, and applicable law and jurisdiction in cross-border disputes.