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Project Aims

The key aims of the project are:

  • To foster the exchange of knowledge about regulatory concepts to Information Society and their implementation and jointly work on concepts of regulatory choice to meet new challenges that are brought about through social and technological change).

  • To benefit from comparative studies to solve several significant legal issues that remain unclear in all legal systems. For example, the question whether providing deep links to contents stored on at third parties’ websites, is direct copyright infringement or secondary infringement/joint tort is still unresolved. In addition, it is not clear how to determine whether a hosting service and linking service provider “has reasonable grounds to know” or “should know” that the stored content uploaded by a third party, or the linked content stored on a third party website, is infringing Additionally there remain many questions on how to resolve domain name disputes, taking into consideration the balancing of the fair interests of the parties concerned.

  • Finally, in view of the constant evolution of the online environment, to study how the legal framework should be rendered capable of adapting to changes in the technology and the market situation and of contributing to the establishment of a balance of interests between rights owners and users while enhancing the creative industries’ value for society Particular attention will be paid in this context to the question how far those who control access to the Internet, principally ISPs, should be obliged to actively monitor usage to detect and prevent instances of copyright infringement. The project will seek to contribute towards identification and resolution of the most important issues relating to the application and enforcement of intellectual property rights within an on-line context.

The project will seek to utilise both the individual strengths and areas of expertise of the partners and, through the holding, of annual project meetings will ensure a commonality of approach, an initial focus for peer review of the work and a coordinated range of outputs. A summer school to be held in China will also present the opportunity to engage in discussion with a wider range of external parties including those responsible for the formulation of laws and policies in the copyright field and for the enforcement of legislation.

 

 

© 2009 Co-Reach: Intellectual Property Rights in the New Media