Download this Paper Open PDF in Browser

Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands

GRUR Int. issue 7/2017; JIPLP 2017 Issue 9

TILEC Discussion Paper No. 2017-024

24 Pages Posted: 13 May 2017 Last revised: 22 Jun 2017

Martin Husovec

Tilburg Law and Economics Center (TILEC); Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT); Stanford University - Stanford Law School Center for Internet and Society

Lisa Van Dongen

Tilburg University

Date Written: May 12, 2017

Abstract

Very few provisions of the European Union intellectual property enforcement framework are subject to so many preliminary references as orders against intermediaries. The website blocking case law is also an interesting case study from the perspective of the European harmonization. It shows how harmonisation by a halo effect can work. The widely-publicized use of a particular enforcement measure is replicated country-by-country, by a homogeneous group of stakeholders, thereby testing the local implementations and bringing its elements to the public scrutiny. The resulting picture painted by the domestic website blocking cases then reflects the state of Union harmonization.

This piece contributes to the growing scholarship mapping the national post-implementation phase. It proceeds as follows. Part 1 gives a primer on Union law regarding injunctions against intermediaries. Part 2 explores the situation under the Dutch ‘localization’ of Union law, focusing particularly on injunctions, including against intermediaries, right to information and reimbursement of the costs. Part 3 explains the recent Dutch litigation chain concerning the website blocking and puts it in the broader context of discussions. Part 4 contrasts these findings with the situation under European Union law and practice in the other Member States. Part 5 concludes by evaluating the existing state of the harmonization in the area.

Keywords: website blocking, EU, injunctions, intermediaries, liability, innocent third parties

Suggested Citation

Husovec, Martin and Van Dongen, Lisa, Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands (May 12, 2017). GRUR Int. issue 7/2017; JIPLP 2017 Issue 9; TILEC Discussion Paper No. 2017-024. Available at SSRN: https://ssrn.com/abstract=2967318 or http://dx.doi.org/10.2139/ssrn.2967318

Martin Husovec (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Lisa Van Dongen

Tilburg University ( email )

P.O. Box 90153
Tilburg, 5000 LE
Netherlands

Paper statistics

Downloads
151
Rank
168,832
Abstract Views
564