HomeInsightsEuropean Intellectual Property Office Observatory publishes Study on Dynamic Blocking Injunctions in the EU

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The EUIPO Observatory notes that the rise in online activity and especially the online provision and consumption of copyright-protected content has received an additional boost due to the COVID-19 pandemic. In addition to legitimate offerings, there are many websites offering unlawful downloads of music, films, games and/or unlawful live broadcasts of sporting and cultural events.

Remedies against such IPR infringement include website-blocking injunctions effected through Domain Name System (DNS) blocking, Internet Protocol (IP) address blocking, or Uniform Resource Locator (URL) filtering.

However, different requirements across the EU apply regarding the evidence required to obtain blocking orders, and especially forward-looking injunctions (or dynamic injunctions), which can be used to prevent the continuation of IPR infringement.

The EUIPO Observatory’s new Study, produced in cooperation with the Centre for International Intellectual Property Studies (CEIPI), provides an overview of static and dynamic blocking injunctions available for rights holders in the EU. It analyses the availability of such injunctions, their scope, technical implementation, and their effectiveness in reducing infringement. It also aims to help stakeholders, Member States and other legal professionals to implement and/or improve the application of dynamic blocking injunctions. To access the Study, click here.