Art. 11 EnforD

Posted in Art. 11 EnforD, Art. 8(1) EnforD, blocking, CJEU

[New Paper] Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands
I have recently uploaded on SSRN a new draft of a paper about harmonization and blocking (forthcoming in GRUR Int) that I co-authored with my student, Lisa van Dongen. It is an extension of the talk that I gave in Berlin last year during the JIPLP/GRUR event. I hope you will find it useful. As
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, injunctions, intermediaries, papers

Accountable, Not Liable (Video + New Paper)
The regular readers of this blog will know that I have spent last couple of years (and hours of blogging time) pondering on problems posed by injunctions that are issued against Internet intermediaries irrespective of their tortious liability. Today, I would like to share with you some of the fruits of this work – a
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Posted in Art. 11 EnforD, Art. 12 EcomD, Art. 8(3) InfoSoc, BGH, CJEU, disconnecting injunctions, injunctions, safe harbours

AG Speaks Out On Accountability For Third Party Infringements Commited Via One’s Open WiFi
As many readers surely know by now, the much awaited Opinion of the Advocate General, Maciej Szpunar, in McFadden C-414/14 case has been released this week. To my great surprise, it is one of the best opinions on the E-Commerce Directive any member of the Court has ever produced (yes, even better than Maduro’s Google France
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Posted in Art. 11 EnforD, innocent parties injunctions

New CJEU Case On Injunctions Against an Operator of an (Offline) Marketplace
UKIPO informs that the Supreme Court of the Czech Republic just referred the following questions to the Court of Justice of the European Union (Tommy Hilfiger Licensing C-494/15): Is a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market-traders for their use,
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, BGH, CJEU, injunctions

Munich Court Asks CJEU About Injunctions Against Operators of Open WiFis
Regional Court in Munich (LG München) last month filed a preliminary reference to the CJEU (Case 7 O 14719/12 – reported by OffeneNetze) asking several questions related to applicability of mere conduit safe harbour to free and open WiFis and also to possibilities of national courts to impose certain obligations on (non-liable) providers of such
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, disconnecting injunctions, intermediaries, papers

New Paper On Novel Type of Injunctions Against Intermediaries
The readers interested in questions of intermediary liability, injunctions and online enforcement might be interested in a new paper authored by me and my friend Miquel Peguera. It is a substantially revised version of a working paper that was previously made available on SSRN in July this year. Since the copyright policy of the journal
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Posted in ACTA, Art. 11 EnforD, Art. 8(3) InfoSoc, CETA, disconnecting injunctions, EU, intermediaries, safe harbours

#CETA: Should Canadian Internet Intermediaries Worry?
The Comprehensive Economic and Trade Agreement (CETA) is a proposed free trade agreement between Canada and the European Union. It is yet another alphabet soup that was cooked by our dear policy makers without first asking the public if it is hungry for any change of intellectual property protection/enforcement. As most of the other alphabet
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, blocking, civil procedural law, CJEU, copyright, injunctions, website blocking

Austrian Supreme Court Confirms Open-Ended Website Blocking Injunctions [UPC Telekabel Wien]
Last Thursday, the Austrian Supreme Court (OGH) issued the decision (OGH, 4 Ob 71/14s) in the proceedings that gave rise to the UPC Telekabel C-314/12 reference before the Court of Justice of the European Union. OGH confirmed the lower court decision, which granted an open-ended website blocking injunction against the biggest Austrian ISP. Although the
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, website blocking, webstreaming

CJEU Allowed Website Blocking Injunctions With Some Reservations
So the CJEU finally issued its UPC Telekabel Wien C-314/12 decision. It contains several good points, but also some missed opportunities (the rejections of a need of specific measures is quite a disappointment), and black-box type of issues, where only the time will tell. But before I get to the ruling, it is very interesting
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