Associate Eleanor Wilson has contributed a chapter for the forthcoming book, 'Developments and Directions in Intellectual Property Law', published this week in celebration of the 20 year anniversary of the specialist intellectual property blog, the IPKat.
The topic of Eleanor's chapter is "Unjustified Threats in the Online Space". As Eleanor explains, "making unjustified threats to sue for intellectual property (IP) infringement may give rise to liability and legal remedies for those who suffer harm as a result of those threats. It is a narrow but important issue in my area of practice, IP disputes.
"My chapter in 'Developments and Directions in Intellectual Property Law' discusses how the law relating to unjustified threats applies to the online space, and in particular, online marketplaces. Could online reports and takedown notices constitute threats to sue? There was some ambiguity about this prior to the law changing in 2017, and the important case of Carku v NOCO (summarised here, although under appeal) provided an important opportunity for judicial consideration of the question."