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UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

By Alastair Shaw, Josefine Crona, Nathaniel Boyer, Eugene Low, PJ Kaur & Zhen Feng on January 13, 2017
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IP Enforcement Focus2While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities (see our earlier report ), the picture in the United States, China and Hong Kong is more complex.

“‘It is, it is a glorious thing, to be a Pirate King,’ said W.S. Gilbert: but he was speaking of ship pirates. Today we speak of film pirates. It is not a glorious thing to be, but it is a good thing to be in for making money.” So said celebrated English judge Lord Denning in a 1980 pirate video case. One could say that being an IP pirate king today is much less risky than it was then; it can certainly be more lucrative. It is logistically more straightforward, with an enormous potential global market for unlawful copies of commercial content and counterfeit goods, downloadable at the touch of a screen or delivered in small packages from almost anywhere in the world. Add to this the ease with which, at the first sign of serious trouble, your virtual pirate galleon can set sail and anchor at another server in a remote jurisdiction where it is not easily enforced against. Or, if sunk by a takedown request, it can simply be refloated and renamed. The 21st century Blackbeards and street market hustlers of cyberspace might well feel as if the World Wide Web was made specially for them.

However, what if the virtual galleon need not be sunk, but merely traced and the digital barges carrying the infringing content and offers of counterfeit goods denied access at the shores of the world’s online markets?

This article focuses on whether internet service provider (ISP) blocking remedies are available to trademark and copyright owners in the United States, China and Hong Kong; but starts with a brief look at the position in the United Kingdom, where the courts have shown willing to adopt innovative solutions to this 21st century problem.

Read the full text here


The article first appeared in World Trademark Review, December 2016/January 2017. For further information, please go to www.worldtrademarkreview.com.

Photo of Alastair Shaw Alastair Shaw
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Photo of Josefine Crona Josefine Crona

Associate, London

Josefine Crona is a member of the Hogan Lovells Commercial team and advises on a wide variety of commercial and regulatory matters, ranging from multi-jurisdictional product launches to day to day contracting arrangements to strategic retail development projects.

Josefine works with…

Associate, London

Josefine Crona is a member of the Hogan Lovells Commercial team and advises on a wide variety of commercial and regulatory matters, ranging from multi-jurisdictional product launches to day to day contracting arrangements to strategic retail development projects.

Josefine works with clients to help them navigate the legal and regulatory requirements that apply at all stages of the product life cycle, including rules relating to product composition and labelling, health claims, and advertising and marketing activities. Josefine also has experience in helping companies resolve enforcement issues and work with UK authorities such as Trading Standards.

Josefine regularly advises on a range of commercial contracting arrangements, including sponsorship, consultancy, manufacturing, supply, warehousing and services agreements.

Josefine has a particular focus on the consumer, retail and food sectors and has completed virtual secondments with two global food and beverage manufacturers.

Read more about Josefine CronaEmail
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Photo of Nathaniel Boyer Nathaniel Boyer
Read more about Nathaniel BoyerEmail
Photo of Eugene Low Eugene Low
Read more about Eugene LowEmail
Photo of PJ Kaur PJ Kaur
Read more about PJ KaurEmail
Photo of Zhen Feng Zhen Feng
Read more about Zhen FengEmail
  • Posted in:
    Technology and AI
  • Blog:
    LimeGreenIP News
  • Organization:
    Hogan Lovells
  • Article: View Original Source

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