Shaping the Digital Services Act: What impact on intellectual property?

Following the publication of the European Commission’s Proposal in late 2020 and the adoption of negotiating mandates within both the European Parliament and the Council, trilogue negotiations are currently underway to define the eventual shape of what is expected to be a seminal piece of legislation in the EU: the Digital Services Act (DSA).

From the safe harbour regime to due diligence obligations, from the harmonization of notice-and-action mechanisms to the regulation of trusted flaggers, this new legislation will apply to several areas of the law and also have a substantial impact on the interpretation, application, and enforcement of intellectual property rules.

Following an overview of the current state of negotiations, some of the key stakeholders will offer their views on points which are currently being debated in the context of such negotiations. An analysis of the interplay between the DSA and Article 17 of the DSM Directive 2019/790 will be also provided.

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