Third Party Blocking Injunctions Review

Third party intermediary injunctions

The government has commenced a review of the regime under s 115A of the Copyright Act 1968 by which copyright owners can seek injunctions ordering ISPs to block access to offshore infringing websites.

The discussion paper raises three questions:

  • How effective and efficient is the mechanism introduced by the Online Infringement Amendment?
  • Is the application process working well for parties and are injunctions operating well, once granted?
  • Are any amendments required to improve the operation of the Online Infringement Amendment?

The discussion paper notes a survey by Kantar Public which reported that the downloading of unlawful content by individuals had fallen by 10% from 2015 to 2017. However, there had been a slight increase for video games. These results were considered consistent with other evidence from Creative Content Australia and Choice. The discussion paper did not that other factors such as increased availability and increasing use of subscription services may also have contributed to the falling levels of infringement.

Submissions are requested by 6 March 2018

Selected links from last (couple of) weeks

Here is a selection of links to IP-related matters I found interesting this past week (or two):

Patents

Trade marks

Copyright

Not categorised

I hope you find some interesting. If you did or have a question, leave a comment or send me an email

The (online) price of things in Australia

Last year, a Parliamentary Committee discovered that Australians pay much higher prices for software and other technology than consumers in other countries.[1]

Now (well, last month), the Fairfax media claimed that Australians are paying much higher prices  for fashion from overseas chains than they charge in their online stores too. Apparently, up to 35% more – although, looking at the unit prices, I wonder if that is before or after postage or delivery has been included.


  1. The [Copyright Society of Australia][csa] held a seminar on the report, the transcripts of which will be published in a forthcoming issue of the Copyright Reporter.  ?

Online Reputation

“The Dumb Little Man” has an overview of 6 ways to monitor what is being said about your client, or your client’s brands, in the virtual world here.