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ARTICLE · 06 APRIL 2015

Online copyright infringement - website blocking injunctions proposed

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The bill follows some European countries, to allow copyright owners to apply for a blocking injunction against an ISP. .

AustraliaIntellectual Property
Katrina Crooks
Katrina Crooks
Wen Wu
Wen Wu
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On 26 March 2015, the Copyright Amendment (Online Infringement) Bill 2015 was introduced into the Australian Parliament.

The Bill proposes to give the power to the Federal Court of Australia to grant injunctions to require internet service providers ("ISPs") to take reasonable steps to disable access to online locations outside Australia that are used to infringe or facilitate the infringement of copyright ("blocking injunction"). It allows copyright owners to apply for a blocking injunction against an ISP without the need to establish that the ISP itself was infringing copyright. The proposal follows similar legislation in European countries, including the UK.

In the Bill's current form, the copyright owner must establish three matters before the Court can grant a blocking injunction:

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