It is possible to protect intellectual property online by making the provider accountable.
In particular, the liability of the hosting provider seems to arise when, having become aware of potential activities in violation of intellectual rights, it does not take steps to remove them. This is the principle reaffirmed by the Court of Bologna – business section – in a very recent judgment rendered at the outcome of proceedings that involved one of the largest IT platforms in the world. IT platforms – also known as Internet Service Providers – ISP in the technical jargon – provide paid services to individuals and companies, allowing them access to the Internet, thanks to the fact that the provider has different points, called POPs (Points of Presence) within a certain territory, as well as domain registration and maintenance services and web page hosting. In relation to the hosting activity, according to the Court of Bologna, the ISP is liable only if, after having been informed of the violation of an intellectual property right (eg infringement of trademarks, patents, designs or models) by a user of the platform, it does not make timely efforts to put an end to the harmful conduct perpetrated online. Therefore, protecting intellectual property online is possible, but such protection requires an active and proactive behaviour by the owner, who can well report the presence of illegal contents on the web to the provider, after having them assessed by specialized lawyers.
(Elisabetta Sgattoni – elisabetta.sgattoni@studiozunarelli.com)
