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Blocking injunctions against intermediaries: Can Sweden learn anything from the UK?
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2017 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

In February 2017, the Swedish Patent and Market Court of Appeal granted its first blocking injunction against an Internet Service Provider in accordance with its national provision Section 53(b) of the Swedish Copyright Act. However, the decision highlighted room for improvement of the national provision. This thesis critically evaluates Section 53(b) of the Swedish Copyright Act by using a comparative law approach which evaluates EU´s, Sweden´s and UK´s provisions on blocking injunctions and compare the national provisions with each other, in order to find new legal solutions for Sweden. The choice of comparing Sweden´s national provision against UK´s provision with the same function is attributable to the circumstance that the UK has specific provisions addressing these types of blocking injunctions. The study of the different legal frameworks reveals a set of requirements that must be taken into account when assessing a blocking injunction order. The complexity of these requirements highlights the importance that all listed requirements and factors needs to be taken into account in order to reach a fair balance. It is concluded that there is a need to decrease the national disparities in order to ensure that copyright and related rights enjoy equivalent protection throughout the EU. This is because national disparities weaken the substantive intellectual property law and creates a loss of confidence in the internal market. The conclusion is therefore that Sweden should find legal solutions and new ways of interpretations on blocking injunctions by learning from other Member States such as the UK where they have created some clarity in EU´s provisions on blocking injunctions.

Place, publisher, year, edition, pages
2017. , 53 p.
Keyword [en]
Copyright, Sweden, the UK, Blocking injunctions, Section 97A of the Copyright, Designs and Patents Act 1988, Section 53(b) of the Swedish Copyright Act, Article 8(3) of the InfoSoc Directive, UPC Telekabel, The Pirate Bay, Swefilmer, Contribution, Internet Service Provider
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-324456OAI: oai:DiVA.org:uu-324456DiVA: diva2:1110212
Educational program
Master Programme in Intellectual Property Law
Supervisors
Examiners
Available from: 2017-07-05 Created: 2017-06-15 Last updated: 2017-07-05Bibliographically approved

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf