TRINITI was honored with the award at the Managing Intellectual Property Awards ceremony held on March 7 in London.
We represented our client Coöperatieve Vereniging SNB-REACT U.A. v Deepak Mehta in the Court of Justice of the European Union in a case regarding a question of whether and under which conditions would a person offering only IP-address-services to the website operators be held responsible of illegal acts committed by those website operators (in this case selling counterfeits).
The ECJ ruled that the rights, obligations and limitations of liability apply to the provider of an IP address rental and registration service allowing the anonymous use of internet domain names under the same conditions as for other kind of ISPs pursuant to E-commerce Directive. That means that such service provider would not be held liable for the actions website operators if the service is of a merely technical, automatic and passive nature, implying that service provider has neither knowledge of nor control over the information transmitted or cached by his customers, and in so far as he does not play an active role in allowing those customers to optimise their online sales activity.
We are proud that TRINITI is the first pan Baltic law firm to receive such a recognition in the field of IP.
Full text of the decision can be found here.