Fersiynau electronig


  • 2019 A critical evaluation of webblocking injunctions

    Llawysgrif awdur wedi’i dderbyn, 865 KB, dogfen-PDF

    Embargo yn dod i ben: 31/12/99

    Trwydded: CC BY-NC Dangos trwydded

Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these orders if not a silver bullet at least have some utility. With regard to the second criterion, it is argued that the legitimacy of these orders is underwritten by both domestic and European legislation together with a jurisprudence that insists on the balancing of rights and a proportionate use of the orders.
Iaith wreiddiolSaesneg
Nifer y tudalennau20
CyfnodolynLaw, Innovation and Technology
StatwsWedi ei Dderbyn / Yn y wasg - 23 Chwef 2019
Gweld graff cysylltiadau