The English Court of Appeal released an important decision last week confirming that courts’ equitable jurisdiction to grant injunctions where “just and convenient” is broad enough to order internet Service Providers (ISPs) to block web sites from selling trade-mark infringing goods. The Court in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors  EWCA Civ 658 (06 July 2016) confirmed the correctness of the prior comprehensive decision of Arnold J. in Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors  EWHC 3354 (Ch) (17 October 2014).
Posts Tagged ‘isps’
Blocking orders against ISPs to combat trade-mark infringement legal says Court of Appeal in CartierJuly 12th, 2016
The Supreme Court delivered its reasons this morning affirming the decison of the Federal Court of Appeal in the Broadcasting Reference case. The Court ruled that ISPs do not carry on “broadcasting undertakings” under the Broadcasting Act when, in their role as ISPs, they provide access through the Internet to “broadcasting” requested by end-users.
The reasons for the decison were given as follows:
Later this morning the Supreme Court will hear arguments in the Alliance of Canadian Cinema, Television & Radio Artists, et al. v. Bell Aliant Regional Communications, LP, et al. case. The central issue in the case is whether the Federal Court of Appeal erred in holding that retail ISPs are not broadcasting undertakings subject to regulation by the CRTC when they provide access through the Internet to broadcasting requested by end users.
The decision of the Federal Court of Appeal being appealed from is Canadian Radio-television and Telecommunications Commission (Re), 2010 FCA 178. The factums of the parties can be found here. The case will be webcast by the court and will be available here.
On September 26, 2011, the Antwerp Court of Appeal ordered two Belgium ISPs to block The Pirate Bay. The ISPs, Telenet and Belgacom, were ordered to implement DNS blocking on 11 domains to do this.
The legal basis for the order was Article art. 87, §1, al.2 of the Belgian Copyright Act. This provision transposes Article 8(3) of the EU InfoSoc Directive 2001/29/CE. This Article provides that
“Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.”
Last Thursday the Government of Canada introduced into the House of Commons Bill C-11, an Act to Amend the Copyright Act. In a press release describing the Bill, Heritage Minister James Moore and Industry Minister Christian Paradis, stated that the Bill will ensure that Canada’s copyright laws “are modern, flexible, and in line with current international standards” and will “protect and help create jobs, promote innovation, and attract new investment to Canada.”
The EU just published a report reviewing the effectiveness of the EU Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights. That Directive, which recognized that effective means of enforcing intellectual property rights are essential for promoting innovation and creativity, harmonized the minimum means available to right holders and public authorities for fighting infringements of intellectual property rights in the EU. It also established a general framework for exchanging information and administrative co-operation between national authorities and with the Commission.
Last month, the US based Computer & Communications Industry Association submitted a report to the United States Trade Representative (USTR) in response to a request for comments in the USTR’s 2010 Special 301 Review. The Washington based CCIA made a submission in which it argued that Canada should not be placed on the Special 301 watch list.
In support of its argument, it stated that the International Intellectual Property Alliance (IIPA) in its Section 301 Report had stated that “Canada has a notice and notice regime for dealing with copyright owner complaints over the online presence of their works, which the Supreme Court of Canada recently held provides effective remedies to copyright owners, Society of Composers, Authors, and Music Composers of Canada v. Canadian Association of Internet Providers,  S.C.R. 427, 2004 S.C.C. 45.”