BUCERIUS IP CONFERENCE 2014:
ENHANCING AND PROTECTING BRAND VALUE IN THE GLOBAL MARKETPLACE

October 2, 2014
Bucerius Law School, Hamburg, Germany


Dr. Arndt Berger (eBay International AG)
Protecting Intellectual Property in the Online World

eBay has long developed programs and ways of working with brand owners to protect their IP on its platforms. The vast majority of brand owners cooperate successfully with eBay under these programs and eBay continues to hold its trust and safety and brand protection efforts to the highest standards, thereby providing for safe marketplaces for millions of people. The presentation introduces the audience to those efforts and ways of cooperating with eBay to protect IP. eBay has also defended court claims, aimed at establishing a liability regime that targets not the infringer of IP, but instead the operator of a hosting service, which is itself being abused by users who violate the law. The presentation looks into some of those milestone cases and the court rulings that have resulted from them. Finally, in a more recent development, courts and governmental agencies had to deal with restraint of trade in vertical trade agreements. In some instances, the retail policies of manufacturers of branded goods provide for restrictive conditions for distribution of their goods, including limitations with regard to online sales. The presentation sheds some light on case law and investigations against manufacturers arising in that field.