ABSTRACT
The Enforcement Directive provides that remedies must be ‘applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse’. The principles of natural justice as enshrined in Trade Related Aspects of Intellectual Property Rights extend to the context of injunctions as contemplated by the Enforcement and Info-Soc directives. In contrast, the regimes providing for injunctions against intermediaries in Singapore, Australia and Chile have expressly incorporated a more proactive notice requirement, albeit limited to the context of copyright enforcement. Although the approaches in Singapore, Australia and Chile with respect to injunctions against intermediaries vary slightly from one another, they all demonstrate a conscious effort to comply with principles of natural justice by expressly incorporating notice requirements. For blocking injunctions to be successful, right holders must provide Internet Service Providers with accurate information containing the IP addresses, domain names and URLs of the websites targeted for the blocking measures.
