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Blocking injunction in TPM circumvention case issued in Spain


A few months ago, The IPKat hosted a post by PermaKat Eleonora reflecting on the possibility to grant website blocking orders in relation to websites providing devices that would allow circumventing technological protection measures (‘TPMs’).


In that post, Eleonora mentioned that courts and authorities in different European countries have granted applications for blocking injunctions based inter alia on the protection against TPM circumvention.


The IPKat is now pleased to provide further details re Spain: the Commercial Court of Barcelona has just issued a ruling granting Nintendo’s applications to order major Spanish ISPs to block access to 3 websites, operated by a manufacturer and distributor of TPM circumvention software devices for Nintendo Switch (see also herehereherehere).


The relevance of this court decision is that it is the first in continental Europe that has granted applications to block access to websites dealing with TPM-circumventing devices. Insofar as Italy (also mentioned above) is concerned, so far it’s been the Communication Authority AGCOM (hence, an administrative authority) that has granted such applications, relying on the powers conferred by its Copyright Regulation.


The legal basis for the applications was inter alia the domestic provision implementing Article 8(3) of the InfoSoc Directive into Spanish law. After Spain, it may thus be the turn of other courts across Europe to grant such applications.



The EUIPO Boards of Appeal, together with the EUIPO Academy and the International Cooperation and Legal Affairs Department of EUIPO, are organising the third IP Mediation Conference, which will be held on 22 and 23 March 2021. More information is available here.


World IP Forum is hosting a 10-day virtual series on Intellectual Property with the topic “New Risks, New Challenges & Emerging Solutions” from 26 April 2021 to 5 May 2021. Register here.


The 4iP Council and INTA are hosting a webinar on “3D printing and intellectual property: issues and solutions” on 11 February 2021. Register here for the webinar.


LTEC and EIPIN Innovation Society is hosting a lecture series on “Transnational IP Law and Innovation”. View upcoming lectures and speakers here.


Sir Richard Arnold, Alumni and Visiting Professor at Westminster Law School and Court of Appeal judge, will be delivering his Annual Lecture on 18 February 2021. More information in the lecture is available here.


Join IFIM’s invited experts on 8 February 2021 to discuss the key regulatory and legal aspects surrounding the COVID-19 vaccines! More information on the event is available here.


Join the U.S. Copyright Office for a virtual event celebrating the enduring copyright legacy of Justice Ruth Bader Ginsburg on 17 February via Zoom. Register here for this event.


Online course

UCL is hosting an online course on “Drafting legal clauses in commercial contracts” on 2 and 3 February 2021 and on 8 and 9 June 2021. View more information on the event here.


Job opportunities

The Law Department of HEC Paris invites applications for a tenure-track faculty position (assistant professor) starting with 1st of September 2021. The successful candidate is expected to undertake research that combines law, IA and data analytics. More information on this position is available here.


LegalZoom UK has a position available for their first trademark lawyer on a part-time, contract basis to help establish and operate an innovative trademark offering in the UK. More information on this position is available here.

Sunday Surprises Sunday Surprises Reviewed by Magdaleen Jooste on Sunday, January 31, 2021 Rating: 5

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