Document Type

Article

Rights

Available under a Creative Commons Attribution Non-Commercial Share Alike 4.0 International Licence

Disciplines

Law

Publication Details

Law, Innovation and Technology 12

Abstract

Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these orders, if not a silver bullet, at least have some utility. With regard to the second criterion, it is argued that the legitimacy of these orders is underwritten by both domestic and European legislation together with a jurisprudence that insists on the balancing of rights and a proportionate use of the orders.

DOI

https://doi.org/10.1080/17579961.2020.1727058

Download
Contact the Author


Share

COinS