Injunctions against Intermediaries in the European Union

This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.

This book explores an emerging type of remedy - an injunction that can compel innocent intermediaries to assist in the enforcement of intellectual property rights. Website blocking, content filtering, and disconnection injunctions are all instances of its application. The book highlights problems that these measures pose for the future of the internet and intellectual property law.In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.