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
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
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