No surprises as CJEU upholds website blocking injunctions
By John Wilks
In a case of potential relevance to copyright owners throughout the EU, the Court of Justice of the European Union (CJEU) has upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v Constantin Film. The court confirmed that such injunctions can play a preventative role.
The fact that the CJEU approved the Austrian courts’ approach should come as no surprise, since member states are obliged under article 8(3) of the 2001 Copyright Directive to ‘ensure that rightholders are in a position to apply for an injunction against intermediaries whose service are used by a third party to infringe a copyright or related right’. If the existence of that obligation wasn’t a clear enough indication that website blocking injunctions are permitted under EU law, the recitals to the directive make clear that ‘in the digital environment’ such an injunction should be available ‘against an intermediary who carries a third party’s infringement of a protected work… in a network’.
Article 8(3) is the provision under which the Austrian blocking injunction regime was introduced, as well as section 97A injunctions in the UK and equivalent provisions in several other member states…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.