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ARTICLE · 18 NOVEMBER 2020

Winning Whack-A-Mole – Getting An ISP Blocking Injunction In Ireland

Recent decisions of the Irish courts show that Ireland, as a jurisdiction, is capable of responding efficiently to the changing landscape of internet copyright infringement..

IrelandIntellectual Property

Recent decisions of the Irish courts show that Ireland, as a jurisdiction, is capable of responding efficiently to the changing landscape of internet copyright infringement and providing just and effective remedies to copyright holders.

The enforcement by copyright holders of their rights against unauthorised streaming sites has been compared to the fairground game of Whack-A-Mole. Each time a copyright holder might get an injunction against an infringing server or streaming site, another will simply pop up somewhere else.  The solution is a blocking injunction.

The blocking injunction has been invoked a number of times in Ireland, and its use as a remedy against stream hosting servers was recently revisited by Barniville J in the Commercial Court in  UEFA v Eircom Limited & Ors.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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