In brief: Court of Appeal confirms jurisdiction to grant blocking injunctions against ISPs

07.07.2016

This article was first published on Lexis®PSL IP & IT, July 2016
IP & IT analysis: Daniel Byrne, senior associate and Aida Tohala, associate, consider the case of Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors. In which the Court of Appeal has confirmed the High Court was right to extend the established practice of granting blocking injunctions against internet service providers (ISPs) in relation to websites whose operators infringe copyright to websites whose operators infringe trade marks. The established practice in relation to copyright is specifically provided for under section 97A of the Copyright Designs and Patents Act 1988 (CDPA 1988), but there is no explicit statutory basis for blocking injunctions in relation to trade marks. It has now been confirmed that the court’s jurisdiction derives from an interpretation of section 37 of the Senior Courts Act 1981 (SCA 1981), which provides for general judicial discretion to grant such orders, and in accordance with article 11 of the Enforcement Directive 2004/48/EC.
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