Online Copyright Enforcement in Sweden: The First Blocking Injunction

Abstract

In a landmark 2017 decision, the Swedish Patent and Market Court of Appeal granted the first blocking injunction ever in a copyright case. This article reviews the process (and obstacles) that have ultimately culminated in the adoption of the order against a major Swedish access provider to block access to Swefilmer and The Pirate Bay.

Holding the view that the one by the Patent and Market Court of Appeal is a welcome decision for rightholders, this contribution stresses how, on the one hand, it is likely that further applications for blocking injunctions will be made in this EU Member State and, on the other hand, it will be necessary to follow closely resulting decisions in order to detect and appreciate notable trends in the evolution of Swedish jurisprudence on blocking injunctions.

Keywords: Copyright, Sweden, Blocking Injunctions, The Pirate Bay, Swefilmer, Swedish Patent and Market Court of Appeal, Article 8(3) InfoSoc Directive, Article 53 b Swedish Copyright Act