Topic: Curtailing online trademark infringement through the regulation of Online Service Providers in Australia

Presenter: Althaf Marsoof - PhD Candidate, TC Beirne School of Law

Today's technology has enabled internet intermediaries to greatly expand their access, storing and linking functions and provide highly advanced interactive online services. As such, these intermediaries are more fittingly described as Online Service Providers (OSPs). This transformation has enabled businesses to utilise novel techniques in reaching relevant online consumers, while at the same time providing those consumers with relevant information and an increased freedom of choice. In the forefront, are those OSPs that provide advertising and marketing services (such Google and eBay), which will be the focus of this research. In the midst of these technological advancements, trademark owners have often attempted to hold OSPs liable for the trademark infringing conduct of their users. 

While there might be legal and policy justifications in holding OSPs accountable, the Australian law, as it currently stands, is inadequate to regulate OSPs in the context of trademark infringement on the internet. 

Having considered the inadequacy of the provisions in the Trade Mark Act 1995(Cth), this research will look at alternative common law and statutory remedies available to control OSPs in relation to the dissemination of trademark infringing content on their networks. Finally, viable and pragmatic recommendations will be made, having analysed the methods of regulating OSPs in Australia and abroad in relation to copyright infringement and certain types of prohibited content. 

All welcome, please register by emailing Beth Williams.

Contact: Beth Williams, ph: (334) 69350, email:

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