The draft notified contains a section relating to the fight against infringements of copyright, related rights and sui generis database rights on the Internet. These are provisions 81 to 86 included. A new judicial procedure is being created. In this context, a “Service to combat counterfeiting” is also set up, which may further implement the decision of the court if the service is authorised. The court’s decision can be directed not only against the primary counterfeiter, but also against intermediaries, such as ISPs. They may be required to block access to the infringing acts. The new rules therefore cover, inter alia, ICPs which qualify as an information society service. However, the “Service to combat counterfeiting” (if authorised) cannot in any event alter the court’s decision. The Service may, therefore, in the event that the court recommends interim measures, indicate to the recipient(s) of the decision the specific measures to be taken from a technical point of view. In addition, the service also has the possibility, if authorised by the court, to identify so-called “replica sites” and to communicate a list of them to the recipients, such as possibly an ISP, of the interim measure. The court may determine that his decision extends to such replicas as well. This implies an obligation to the recipient, who may be an ISP.

Preliminary draft law transposing the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market and amending the Directives 96/9/EC and 2001/29/EC

The draft introduces new proceedings for interim measures to combat infringements of copyright, related rights and sui generis databases. The aim of this new procedure is to stop large-scale online infringements quickly and efficiently. This procedure does not apply to industrial property rights or to the legal protection of computer programs. The court may order to stop the infringement, whereby the recipient him-, her- or itself determines the implementing arrangements. The court can also determine the implementing provisions. The court has the third option to authorise the above-million service to lay down further implementing provisions in its decision.

application for interim measures – ISP – implementing provisions – measures from a technical point of view – counterfeiting – copyright