Blocking injunctions and their costs: some details of the forthcoming Supreme Court round of Cartier
The possibility to seek an injunction against an intermediary whose services are used by third parties to infringe an IP right has proved an important tool in the hands of rightholders, including in the online context. The reason why the role of intermediaries is central is because, as Recital 59 in the preamble to the InfoSoc Directive [but the same is true also for the Enforcement Directive ] explains, “[i]n the digital environment, in particular, the services of intermediaries may increasingly be used by third parties for infringing activities. In many cases such intermediaries are best placed to bring such infringing activities to an end.” However, how should responsibility for the costs of injunctions be allocated? [ here are some slides I prepared, and here 's a more detailed discussion] The UK approach to costs In the UK, since the first copyright blocking injunction granted in ...