SWD Online Platforms – their characteristics

Platforms are generally known as “two-sided” or “multi-sided” markets where users are brought together by a platform operator in order to facilitate an interaction (exchange of information, a commercial transaction, etc.). In the context of digital markets, depending on a platform’s business model, users can be buyers of products or services, sellers, advertisers, software developers,…

Draft evaluation and review of the IPR enforcement directive – Towards an internal market for IP enforcement

Due to the lack of a European right (except for trademarks and designs), obtaining interlocutory or permanent injunctions for the same infringement against infringers or intermediaries from several jurisdictions in the EU is often cumbersome for certain IPR, in particular copyright.

Extending the scope of the geo-blocking prohibition: an economic assessment

On 25 May 2016, the European Commission presented a proposal for a regulation on addressing unjustified geo-blocking. New analytical paper illustrates the prevalence of geo-blocking in e-commerce and summarizes available relevant evidence. It also discusses the economic impact of lifting geo-blocking restrictions in online goods and copyrighted digital content services.

Draft evaluation and review of the IPR enforcement directive – Strengthening fairness and balance in the IPR civil enforcement framework

Many stakeholders ask for more legal clarity on the calculation of damages and their fairer allocation arguing that the amount of damages ordered by the courts often does not cover the harm suffered by the right holder, does not sufficiently deter the infringer from carrying out the infringement and thus provides no incentive to seek…