Role of Blocking Injunctions in Balancing the Right of Individuals and Rights of Intellectual Property Owners

5 Pages Posted: 3 Jun 2017

See all articles by Sandeep Mittal

Sandeep Mittal

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science; Member, Indian Police Service

Date Written: June 1, 2017

Abstract

Beginning the year 2010, a strong trend of courts, across the European Union (EU) including United Kingdom, issuing blocking injunctions against Internet Service Providers (ISPs). These injunctions are issued by courts for infringement of intellectual property (IP) rights. The continuous streaming of such blocking injunctions against ISPs for employing technological means to make access difficult to the websites infringing the IP right has become a topic of hot debate among the students of law and human rights. The debate mainly revolves around the question of maintaining the balance between the rights of the holders of IP and rights of others like intermediaries and individuals accessing the internet including the fundamental rights of freedom of expression, which is precisely the scope of this article.

Keywords: Intellectual Property (IP) Rights, IPR, Infringement of Intellectual Property (IP) Rights, EU Court of Human Rights

Suggested Citation

Mittal, Sandeep, Role of Blocking Injunctions in Balancing the Right of Individuals and Rights of Intellectual Property Owners (June 1, 2017). Available at SSRN: https://ssrn.com/abstract=2978750 or http://dx.doi.org/10.2139/ssrn.2978750

Sandeep Mittal (Contact Author)

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science ( email )

Outer Ring Road, Rohini, Sector 3,
Adjacent to Jaipur Golden Hospital
Delhi, 110085
India

HOME PAGE: http://mittal.one

Member, Indian Police Service ( email )

New Delhi
India

HOME PAGE: http://mittal.one

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