The purpose of this Report is to set out how Blocking Injunctions, as they have become known, developed in the UK and what they are designed to address. In doing so, I will explain how this remedy has been adapted to cope with infringements which utilise different underlying technologies and different underlying IP rights. I will also set out how the Blocking Injunctions have been designed with precision in mind (a requirement under English law), whilst at the same time being flexible enough to deal with attempts by infringers to circumvent them.
A Blocking Injunction is an Order that can be sought by an IP rightsholder against providers of internet access (ISPs) where the ISPs’ services are being used by others to infringe the rightsholder’s IP. Crucially, it is not a requirement that the ISPs themselves are at fault. It is enough that the ISPs’ services are enabling the infringement of IP rights through technology provided by third parties to users. As the name suggests, the Blocking Injunction is a Court Order requiring the ISPs to block users’ access to that third party technology.