IP owners have recently gained a new tool to help stop
infringement on the Internet. Canada’s Federal Court has, for
the first time, issued an order requiring non-party Internet
service providers to block access to websites used to operate
unauthorized subscription services in respect of copyrighted
works.
Background
Intellectual property owners often face difficulty enforcing
their rights against entities engaged in infringing activities on
the Internet, in particular where concerted efforts are made to
remain anonymous or the entities reside in foreign jurisdictions
where enforcement may prove difficult.
In the recent decision Bell Media Inc. v Goldtv.biz, 2019 FC
1432, the Federal Court has, for the first time in Canada, issued a
“Blocking Order” compelling non-party Internet service
providers (“ISPs”) to block access to websites and
Internet services that distribute infringing content.