Intermediary IP injunctions: what are the EU implications of the UK experience?
Is there gift more memorable than a blocking injunction? What has been the most significant IP development in the UK this year? From a policy standpoint (and in the aftermath of the Brexit referendum) the answer is probably the decision of UK Government to ratify the Unified Patent Court Agreement [ here ] . From a practical perspective, however, also considering the increasing number of IP infringements occurring online [this is a general trend: see here , at p 33] the most significant domestic development in my opinion has been the judgment of the Court of Appeal of England and Wales in Cartier [ here , here , here ] , which upheld the 2014 decision of Arnold J [ here and here ] , and confirmed that owners of IP rights other than copyright can seek injunctions against intermediaries to block access to website where counterfeits are available. The UK framework UK Government implemented Article 8(3) of the InfoSoc Directive into UK law by inse