Injunctions against innocent parties: Husovec paper now published
"Injunctions against Innocent Third Parties: The Case of Website Blocking" is the title of a paper by Martin Husovec (eminent blogger and Doctoral Fellow at International Max Planck Research School for Competition and Innovation at the Max Planck Institute for Intellectual Property and Competition Law, Munich). If this seems a little familiar, maybe it is. Martin was invited to speak on this topic at this year's INTA Meeting in Dallas, where he flew the flag for Europe in a programme that was largely US-based.

The abstract of Martin's paper reads thus:

The paper discusses the phenomenon of injunctions against third parties that are innocent from the tort law perspective. One such type of injunction, website blocking, is currently appearing in the spotlight around various European jurisdictions as a consequence of the implementation of Article 8(3) of the Information Society Directive and Article 11 of the Enforcement Directive. Website-blocking injunctions are used in this paper only as a plastic and perhaps also canonical example of the paradigmatic shift we are facing: the shift from tort-law-centric injunctions to in rem injunctions. 

The author of this paper maintains that the theoretical framework for the latter injunctions is not in the law of civil wrongs, but in an old Roman law concept of ‘in rem actions’ (actio in rem negatoria). Thus the term ‘in rem injunctions’ is coined to describe this paradigm of injunctions. Besides the theoretical foundations, this paper explains how a system of injunctions against innocent third parties fits into the private law regulation of negative externalities of online technology and explores the expected dangers of derailing injunctions from the tracks of tort law. The author’s PhD project – the important question of the justification of an extension of the intellectual property entitlements by the in rem paradigm, along with its limits or other solutions – is left out from the paper.

You can now read this paper in full in JIPITEC, here 
Posted by: Blog Administrator @ 01.01
Tags: website blocking,
Link: https://www.marques.org/class46?XID=BHA3343

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