Intellectual Property Liability of Consumers, Facilitators and Intermediaries: Concepts under Common Law

Intellectual Property Liability of Consumers, Facilitators and Intermediaries: Concepts under Common Law
David Llewelyn

ISBN 978-90-411-4126-2
2012 Kluwer Law International BV, The Netherlands

Consumers in our context can be broadly defined as buyers and users of goods and services that are protected by trademarks, copyright or patents. In the ‘real’ world before the advent of the World Wide Web, consumers could be easily identified as they had to purchase, rent or use these goods and services from ‘bricks and mortar’ outlets. Consumers had to be physically present at these locations to obtain the goods and services, whether by buying or renting them or having some other relationship with the provider. Providers of goods and services in the real world who might potentially facilitate or act as intermediaries in IP infringement could be easily spotted too; they
were the copy-shops, the libraries,1 the manufacturers of copy equipment,2 the landlords of shop spaces, warehouse keepers, and so on.