Journal Article

Hosting providers' liability: Cour de cassation puts an end to the notice and stay down rule

Catherine Jasserand

in Journal of Intellectual Property Law & Practice

Volume 8, issue 3, pages 192-193
Published in print March 2013 | ISSN: 1747-1532
Published online March 2013 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jps222
Hosting providers' liability: Cour de cassation puts an end to the notice and stay down rule

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In applying the rules on hosting providers' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal but overruled by the Cour de cassation on 12 July 2012.

Journal Article.  1064 words. 

Subjects: Arbitration ; Intellectual Property Law

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