Site – Blocking Orders And Internet

A recent decision of the Federal Court has granted a site-blocking order against several Internet Service providers (ISPs).

The Background

The decision is not surprising given the previous cases. The impetus for granting such orders was a decision of the U.K. Court of Appeal. The court concluded, primarily based on common law principles that the High Court had jurisdiction to make an order requiring that English ISPs block or attempt to block certain target websites which were advertising and selling counterfeit copies of the plaintiff's goods. In substance it was concluded that once an ISP became aware that it services were being used by third parties to infringe an intellectual property right, then it became subject to a duty to take proportionate measures to prevent or reduce such infringements even though it was not itself liable for them.