IP Rights In A Borderless Internet: CJEU Developments On Geo-Blocking, Copyright And Trade Marks

Two recent CJEU cases, spanning both copyright and trade mark law, show that geo-blocking remains a live issue for businesses that rely on digital borders to manage their intellectual property rights.

What is geo-blocking and why does it matter for IP rights?

Geo-blocking is the practice of restricting or preventing internet users from accessing online content based on their geographic location, typically identified by their IP address. It has become an important tool for IP rights holders and online publishers seeking to make a borderless website work with intellectual property rights that are territorial in scope.

A recent decision of the CJEU concerning Anne Frank’s diary and manuscripts (C‑788/24) provides important guidance on territorial restrictions and copyright-protected content but the debate around geo-blocking is far from over. In a recent Austrian reference (C‑584/26) the CJEU has been asked to consider geo-blocking in the context of trade marks, specifically whether a