Website blocking, injunctions and beyond

View on the harmonization from the Netherlands

Martin Husovec, Lisa van Dongen*

*Corresponding author for this work

Research output: Contribution to journalArticleScientificpeer-review

Abstract

Very few provisions of the European Union intellectual property enforcement framework are subject to so many preliminary references as orders against intermediaries. The website blocking case law is also an interesting case study from the perspective of the European harmonization. It shows how harmonization by a halo effect can work. The widely-publicized use of a particular enforcement measure is replicated country-by-country, by a homogeneous group of stakeholders, thereby testing the local implementations and bringing its elements to the public scrutiny. The resulting picture painted by the domestic website blocking cases then reflects the state of Union harmonization.

This piece contributes to the growing scholarship mapping the national post-implementation phase. It proceeds as follows. Part 1 gives a primer on Union law regarding injunctions against intermediaries. Part 2 explores the situation under the Dutch ‘localization’ of Union law, focusing particularly on injunctions, including against intermediaries, right to information and reimbursement of the costs. Part 3 explains the recent Dutch litigation chain concerning the website blocking and puts it in the broader context of discussions. Part 4 contrasts these findings with the situation under European Union law and practice in the other Member States. Part 5 concludes by evaluating the existing state of the harmonization in the area.
Original languageEnglish
Pages (from-to)580-589
Number of pages10
JournalGRUR International
Volume2017
Issue number7
Publication statusPublished - Jul 2017

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harmonization
website
Netherlands
Law
right to information
intellectual property
case law
stakeholder
costs
Group

Keywords

  • Copyright
  • remedies
  • Netherlands
  • enforcement

Cite this

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title = "Website blocking, injunctions and beyond: View on the harmonization from the Netherlands",
abstract = "Very few provisions of the European Union intellectual property enforcement framework are subject to so many preliminary references as orders against intermediaries. The website blocking case law is also an interesting case study from the perspective of the European harmonization. It shows how harmonization by a halo effect can work. The widely-publicized use of a particular enforcement measure is replicated country-by-country, by a homogeneous group of stakeholders, thereby testing the local implementations and bringing its elements to the public scrutiny. The resulting picture painted by the domestic website blocking cases then reflects the state of Union harmonization. This piece contributes to the growing scholarship mapping the national post-implementation phase. It proceeds as follows. Part 1 gives a primer on Union law regarding injunctions against intermediaries. Part 2 explores the situation under the Dutch ‘localization’ of Union law, focusing particularly on injunctions, including against intermediaries, right to information and reimbursement of the costs. Part 3 explains the recent Dutch litigation chain concerning the website blocking and puts it in the broader context of discussions. Part 4 contrasts these findings with the situation under European Union law and practice in the other Member States. Part 5 concludes by evaluating the existing state of the harmonization in the area.",
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author = "Martin Husovec and {van Dongen}, Lisa",
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Website blocking, injunctions and beyond : View on the harmonization from the Netherlands. / Husovec, Martin; van Dongen, Lisa.

In: GRUR International, Vol. 2017, No. 7, 07.2017, p. 580-589.

Research output: Contribution to journalArticleScientificpeer-review

TY - JOUR

T1 - Website blocking, injunctions and beyond

T2 - View on the harmonization from the Netherlands

AU - Husovec, Martin

AU - van Dongen, Lisa

PY - 2017/7

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N2 - Very few provisions of the European Union intellectual property enforcement framework are subject to so many preliminary references as orders against intermediaries. The website blocking case law is also an interesting case study from the perspective of the European harmonization. It shows how harmonization by a halo effect can work. The widely-publicized use of a particular enforcement measure is replicated country-by-country, by a homogeneous group of stakeholders, thereby testing the local implementations and bringing its elements to the public scrutiny. The resulting picture painted by the domestic website blocking cases then reflects the state of Union harmonization. This piece contributes to the growing scholarship mapping the national post-implementation phase. It proceeds as follows. Part 1 gives a primer on Union law regarding injunctions against intermediaries. Part 2 explores the situation under the Dutch ‘localization’ of Union law, focusing particularly on injunctions, including against intermediaries, right to information and reimbursement of the costs. Part 3 explains the recent Dutch litigation chain concerning the website blocking and puts it in the broader context of discussions. Part 4 contrasts these findings with the situation under European Union law and practice in the other Member States. Part 5 concludes by evaluating the existing state of the harmonization in the area.

AB - Very few provisions of the European Union intellectual property enforcement framework are subject to so many preliminary references as orders against intermediaries. The website blocking case law is also an interesting case study from the perspective of the European harmonization. It shows how harmonization by a halo effect can work. The widely-publicized use of a particular enforcement measure is replicated country-by-country, by a homogeneous group of stakeholders, thereby testing the local implementations and bringing its elements to the public scrutiny. The resulting picture painted by the domestic website blocking cases then reflects the state of Union harmonization. This piece contributes to the growing scholarship mapping the national post-implementation phase. It proceeds as follows. Part 1 gives a primer on Union law regarding injunctions against intermediaries. Part 2 explores the situation under the Dutch ‘localization’ of Union law, focusing particularly on injunctions, including against intermediaries, right to information and reimbursement of the costs. Part 3 explains the recent Dutch litigation chain concerning the website blocking and puts it in the broader context of discussions. Part 4 contrasts these findings with the situation under European Union law and practice in the other Member States. Part 5 concludes by evaluating the existing state of the harmonization in the area.

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JO - GRUR International

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SN - 0435-8600

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