TPM circumvention and website blocking orders: An EU perspective
Blocking application Website blocking orders in IP cases (mostly, though not solely, in relation to copyright-infringing websites) are routinely granted in several jurisdictions, whether in Europe or third countries. The availability of such relief has been established in case law, administrative frameworks and academic studies alike. The Court of Justice of the European Union ('CJEU') expressly acknowledged the compatibility of such a remedy with EU law in its 2014 decision in UPC Telekabel . Also the European Court of Human Rights recently found that, although it is necessary that this particular remedy is available within a balanced and carefully drafted legislative framework which contains a robust and articulated set of safeguards against abuse, website blocking orders are not per se contrary to the provision in Article 10 ECHR . Over time, courts and other authorities (including administrative authorities in certain EU Member States) have dealt with applications whi