Online Intermediary Liability in Serbian Law: Reconciling IP Protection and Freedom of Expression
Abstract
This paper focuses on intermediary liability for online infringements of intellectual property rights in Serbian law. Following the EU model, the Serbian legislator introduced a ‘safe harbor’ rule, securing an immunity regime for online intermediaries, under specific conditions. However, the recent reform of Serbian copyright and trademark law allowed for an injunctive relief against online intermediaries. The purpose for the injunction can be to obtain the information on the primary infringer, so that an action can be directed against it, and/or to remove the infringing content from the intermediary’s network. The injunction mechanism needs to be used prudently, so as to avoid any possible abuse for the purpose of restricting the freedom of expression. The freedom of expression and privacy concerns are particularly generated with respect to the right of information, i.e. the conditions under which a right owner can learn the identity of the infringer, and the scope of specific filteri...ng measures which may be imposed to online intermediaries.
Source:
Balkan Yearbook of European and International Law, 2022, 2021, 25-42Collections
Institution/Community
Pravni fakultet / Faculty of Law University of BelgradeTY - CHAP AU - Popović, Dušan PY - 2022 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1337 AB - This paper focuses on intermediary liability for online infringements of intellectual property rights in Serbian law. Following the EU model, the Serbian legislator introduced a ‘safe harbor’ rule, securing an immunity regime for online intermediaries, under specific conditions. However, the recent reform of Serbian copyright and trademark law allowed for an injunctive relief against online intermediaries. The purpose for the injunction can be to obtain the information on the primary infringer, so that an action can be directed against it, and/or to remove the infringing content from the intermediary’s network. The injunction mechanism needs to be used prudently, so as to avoid any possible abuse for the purpose of restricting the freedom of expression. The freedom of expression and privacy concerns are particularly generated with respect to the right of information, i.e. the conditions under which a right owner can learn the identity of the infringer, and the scope of specific filtering measures which may be imposed to online intermediaries. T2 - Balkan Yearbook of European and International Law T1 - Online Intermediary Liability in Serbian Law: Reconciling IP Protection and Freedom of Expression EP - 42 SP - 25 VL - 2021 DO - 10.1007/978-3-030-97431-2_2 UR - conv_3302 ER -
@inbook{ author = "Popović, Dušan", year = "2022", abstract = "This paper focuses on intermediary liability for online infringements of intellectual property rights in Serbian law. Following the EU model, the Serbian legislator introduced a ‘safe harbor’ rule, securing an immunity regime for online intermediaries, under specific conditions. However, the recent reform of Serbian copyright and trademark law allowed for an injunctive relief against online intermediaries. The purpose for the injunction can be to obtain the information on the primary infringer, so that an action can be directed against it, and/or to remove the infringing content from the intermediary’s network. The injunction mechanism needs to be used prudently, so as to avoid any possible abuse for the purpose of restricting the freedom of expression. The freedom of expression and privacy concerns are particularly generated with respect to the right of information, i.e. the conditions under which a right owner can learn the identity of the infringer, and the scope of specific filtering measures which may be imposed to online intermediaries.", journal = "Balkan Yearbook of European and International Law", booktitle = "Online Intermediary Liability in Serbian Law: Reconciling IP Protection and Freedom of Expression", pages = "42-25", volume = "2021", doi = "10.1007/978-3-030-97431-2_2", url = "conv_3302" }
Popović, D.. (2022). Online Intermediary Liability in Serbian Law: Reconciling IP Protection and Freedom of Expression. in Balkan Yearbook of European and International Law, 2021, 25-42. https://doi.org/10.1007/978-3-030-97431-2_2 conv_3302
Popović D. Online Intermediary Liability in Serbian Law: Reconciling IP Protection and Freedom of Expression. in Balkan Yearbook of European and International Law. 2022;2021:25-42. doi:10.1007/978-3-030-97431-2_2 conv_3302 .
Popović, Dušan, "Online Intermediary Liability in Serbian Law: Reconciling IP Protection and Freedom of Expression" in Balkan Yearbook of European and International Law, 2021 (2022):25-42, https://doi.org/10.1007/978-3-030-97431-2_2 ., conv_3302 .