ISP liability: the implications of L’Oréal v eBay

A person who uses or reproduces a work, without conventional or legal authorisation, may be harming the copyright holder.

A person who uses or reproduces a work, without conventional or legal authorisation, may be harming the copyright holder.

Using a trademark in this way would also be considered to be an illicit use, although certain trademark uses are permitted, as defined in the rules for exhaustion of rights and fair use, for example.

In the Dominican Republic, legislation governing liability for copyright and trademark infringement, which has existed since 2000, provides for ‘contributory infringement’ and ‘vicarious liability’. Under the concept of ‘contributory infringement’, a party may be guilty of infringement when it causes or contributes to the infringing conduct of another party and has knowledge of the other party’s infringing activities.