We have written here before about the tide of pirated products which is lapping at the feet of IP owners. Much ripoff merchandise is retailed through eBay and other online suppliers, bypassing Customs controls. We are therefore grateful to Mark Owen of Harbottles for pointing out the EU's announcement of a voluntary MOU, entered into by eBay and Amazon on the one hand and a host of branded goods and other suppliers and organisations on the other, setting up "best practices" in notice and takedown procedures which can be used by owners of trade mark and design rights.
Takedown notices can be powerful tools, but rights-owners will need to act with caution - they are required to indemnify the site provider if a takedown notice is sought, and requesting a takedown notice may constitute a "threat", as in the case of Quads 4 Kids v Colin Campbell [2006] EWHC 2482 (CD), actionable by anyone aggreived (which would include everyone in the supply chain of the alleged pirated item). Nonetheless, bringing together brand owners and retail sites in a voluntary code is a small win in the war against piracy.
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