Talk on The Blocking Injunction: Could it replace Notice and Takedown?
The Notice and Takedown (‘N&T’) approach allows Intellectual Property rights (IPRs) holders to quickly remove infringing online content through a simple notification to Internet intermediaries responsible for making such content visible to Internet users. Although N&T has allowed IPRs holders to enforce their rights in an expeditious and cost-effective manner, this approach has been criticised for its lack of transparency, accountability and balance.
However, this extrajudicial process is implemented by private sector Internet intermediaries and, as such, is commonly criticised for its “act first, ask questions later" approach.
In contrast, the blocking injunction, which is gaining popularity in the European Union, avoids this allegation since the approach is a court-supervised system of IPRs enforcement, and hence incorporates certain inbuilt safeguards that are predominantly absent in N&T.
Yet, there are some significant problems with, and limitations to, the blocking injunction, which questions its suitability in certain specific situations that may occur in the future. Therefore, despite the criticisms levelled against N&T one must not be too quick to discount its potential. Perhaps an approach that combines both N&T and the blocking injunction is the better solution.
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Speaker's Profile
Althaf Marsoof is currently a PhD candidate at the Dickson Poon School of Law, King’s College London, where his research focuses on issues surrounding the enforcement of trademark rights in the online environment. His research is funded by the Dickson Poon PhD scholarship award. Prior to that, he undertook legal research at the TC Beirne School of Law, University of Queensland, Australia and was awarded the M Phil. He is an alumnus of the University of Cambridge (from where he received the LL.M) and also the Sri Lanka Law College. He was admitted to the Sri Lankan Bar in 2007 and has worked in the public sector as a State Counsel attached to the Attorney General’s Department of Sri Lanka for over 5 years.
Last updated on 28 Jun 2018 .
