Positive judgement Czech Court in Landlord Liability Project REACT!01/19/2019
A positive judgement of the Municipal Court in Prague confirming the decision of the District Court Prague and in line with the ECJ cases on Landlord liability according to which the landlord, Delta Center, was ordered to pay damages and costs of the proceedings.
The judgement is based on the legal opinion that the operator of the marketplace can be hold liable for violating its general duty to prevent damages and take adequare measures against individual vendors
who sell counterfeited goods.
The important requirements for such liability have been identified by the Court:
- large amount of infringements in the marketplace;
- repeated cases of infringement by the same vendor;
- marketplace operator extended the lease to vendor who
repeatedly infringed IPR;
- marketplace operators does not do enough against the IPR
- reasonable amount of claimed damages.