The Blocking Injunction: A Comparative and Critical Review of the EU, Singaporean and Australian Regimes

Abstract

This article critically, and comparatively, evaluates the legal basis and key shortcomings of the blocking injunction, which has gained popularity in the EU, Singapore and lately Australia, as an alternative to the extrajudicial “notice and takedown” approach to enforcing intellectual property rights. The article concludes that there are problems not only with the remedy itself, but also in the manner in which the blocking injunction is implemented. The fact that multiple proceedings have to be filed in order to obtain a global level of enforcement and the possibility of blocking measures being circumvented are problems with the remedy itself. In the EU context, at least, not only does the implementation of the blocking injunction fall short of due process requirements, but also the legal basis for the remedy in the context of enforcing trade mark rights is questionable.

Keywords: Australia; Blocking injunctions; Comparative law; Copyright; Due process; EU law; Online infringement; Singapore