October 2018

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“Website-blocking injunctions and streaming server-blocking injunctions : The state of the art”

Location:
PL2 Pontio, Deiniol Road, LL57 2TQ
Time:
Friday 12 October 2018, 15:30–17:00
Presenter:
Bangor Law School
Contact:
Dr. Mark Hyland

It is with great pleasure that I inform you that Bangor Law School and its Centre for International Law will welcome a distinguished visitor on Friday, 12th October, 2018. On that date, Mr Justice Richard Arnold (Judge of the High Court) will deliver a lecture titled:

“Website-blocking injunctions and streaming server-blocking injunctions : The state of the art”

Practical details for Mr Justice Arnold’s lecture:

When:   Friday, 12th October, 2018

Where:  Pontio (PL2) 

Time:     3.30pm

It is entirely fitting that Mr Justice Arnold speak on this theme as he has written and delivered, if not all the blocking injunction judgments in England and Wales, then, the vast majority of them.

Blocking injunctions have become very topical in the UK over the last seven years as they constitute a valuable weapon for intellectual property (IP) rightsholders in their fight against online IP infringement. The first webblocking injunction was granted in the UK in 2011 in Twentieth Century Fox v BT. That case concerned online copyright infringements. Since then, the case-law on blocking has evolved significantly and, in 2014, the High Court delivered a landmark judgment in Cartier v BSkyB, where the webblocking jurisdiction of England & Wales was expanded to cover online trade mark infringements. This expansion of the blocking regime to online trade mark infringements was upheld by the Court of Appeal in 2016. Last year, illegal streaming servers were made subject to blocking injunctions while earlier this year, the UK’s highest court, the Supreme Court, ruled that IP rightsholders (and not ISPs) should bear the costs of implementing blocking orders.

The abstract of Mr Justice Arnold’s lecture looks very interesting indeed and his lecture next month will be an excellent opportunity for the initiated (and the uninitiated) to learn about the operation and protection of intellectual property rights in the digital age. Moreover, Mr Justice Arnold’s lecture will also address webblocking developments outside the UK.

Mr Justice Arnold’s lecture will address the following topics:

  • Primary, accessory and intermediary liability.
  • The legislative basis for intermediary liability in the EU and UK.
  • The current position in England & Wales with respect to website-blocking injunctions following the Cartier v BSkyB case.
  • Cartier v BSkyB in the Supreme Court: who should pay the costs of implementing such orders?
  • A recent development in England & Wales: injunctions requiring ISPs to block streaming servers.
  • The diversity of practices and outcomes around Europe with regard to website-blocking injunctions.
  • The need for a more harmonised international legal framework.

Mr Justice Arnold’s Biography:

https://www.judiciary.uk/publications/mr-justice-arnold/  

Everyone is most welcome to attend.