ISPs in the UK no longer have to shoulder the cost of
implementing online blocking orders.
IP rights-holders in the UK will now generally have to pay the
cost of implementing online blocking orders to protect their IP
rights following a recent UK Supreme Court decision, removing that
burden from ISPs. In Ireland, the cost of implementing online
blocking orders generally remains on ISPs. The decision of the
UK's highest court will be of persuasive value should the issue
appear before the Irish courts in the future.
THE NEW UK APPROACH TO BLOCKING ORDER COSTS
In Cartier International AG v British
Telecommunications Plc, the UK Supreme Court examined the role
of ISPs in implementing website blocking orders for third party
breaches of trademarks and also considered where the costs of
implementation should fall. Though the case concerned online
trademark infringement, the same principles should apply to the
costs of blocking orders to prevent online infringement
