Website Blocking Injunctions in Flux: Static, Dynamic, and Live

16(3) Journal of Intellectual Property Law and Practice (2021)

29 Pages Posted: 19 May 2021 Last revised: 10 Jan 2022

See all articles by Giancarlo Frosio

Giancarlo Frosio

Queen's University Belfast - School of Law

Oleksandr Bulayenko

Université de Strasbourg - CEIPI; Institute of Information Law (IViR)

Date Written: May 17, 2021

Abstract

This article provides an overview of the legal framework that applies to website blocking injunctions in Europe. It highlights how enforcement tools constantly adapt to changes in infringement practices by expanding the arsenal of injunctions made available to rightholders. This adaptation occurs on different levels via legislative, judicial, administrative and soft law developments with the introduction of new measures that guarantee more prompt and efficient responses to infringement threats. From static, responses have increasingly become dynamic and live, to meet novel forms of infringement online, such as illegal broadcasting of live (sports) events. However, promptness and efficacy of enforcement responses often fit poorly with fundamental rights protection and proportionality of measures.

Keywords: Intellectual Property, copyright, trademark, online, enforcement, injunctions, website blocking, blocking orders, dynamic blocking, live blocking, sports event, European Union, European Convention of Fundamental Rights, fundamental rights, proportionality

Suggested Citation

Frosio, Giancarlo and Bulayenko, Oleksandr, Website Blocking Injunctions in Flux: Static, Dynamic, and Live (May 17, 2021). 16(3) Journal of Intellectual Property Law and Practice (2021), Available at SSRN: https://ssrn.com/abstract=3848063

Giancarlo Frosio (Contact Author)

Queen's University Belfast - School of Law ( email )

Main Site Tower, Queen's University Belfast
Belfast, BT7 1NN
United Kingdom

Oleksandr Bulayenko

Université de Strasbourg - CEIPI ( email )

7 rue de l'Ecarlate
CS 20024
Strasbourg, 67082
France

HOME PAGE: http://www.ceipi.edu

Institute of Information Law (IViR)

Rokin 84
Amsterdam, 1012 KX
Netherlands

HOME PAGE: http://https://www.ivir.nl/

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
1,038
Abstract Views
3,168
Rank
39,829
PlumX Metrics