Intermediary Liability within the IP Legal Framework
Alexandra Chiroșca · Intellectus · 2025
This paper examines intermediary liability in trademark protection within the European Union, focusing on online marketplaces and their role in facilitating counterfeit sales. It explores the evolution from the E-Commerce Directive (ECD) to the Digital Services Act (DSA), addressing the safe harbor regime, the "Good Samaritan" rule, and new transparency obligations. The study highlights advancements in safeguarding consumers and trademark holders while acknowledging ongoing legal challenges, offering insights into the EU's legal framework in the dynamic digital landscape