Blocking injunction requisites - The balancing of rights and other aspects of blocking injunctions towards intermediaries

TL;DRAbstract

The increased significance of intellectual property rights, rapid development of easier dissemination of protected works and the subsequent concern for protection has lead right holders to continuously seek new ways of countering online piracy. In the past decade, a new regime of targeting online intermediaries with blocking injunctions has emerged, supported by the legislative powers of the European Union. Without actually being liable for infringement, intermediaries find themselves court ordered to implement blocking injunctions purposed to discourage Internet users from accessing illegal content. This phenomenon raises a multitude of issues concerning the appropriateness of bestowing obligations upon an innocent intermediary and balancing property right interests with respect for fundamental rights such as the freedom of expression and information, freedom to conduct a business and data privacy protection concerns. These issues are highlighted when trying to discern the legal requi

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