Overview

The Court of Justice of the European Union has deprived the audio recording and movie industries of one of their main instruments against the sharing of illegal internet content - the possibility to impose an injunction against an internet service provider that requires it to install a system to filter electronic communications, especially those involving the use of peer-to-peer software.

In this briefing, Schoenherr provide full background details to the ruling and outline how the CJEU balanced the protection of intellectual property rights against other fundamental rights of individuals, such as freedom to conduct business, freedom of information, and protection of personal data. Lastly, the briefing explains why the judgment is highly significant both legally and practically for intellectual property rights.

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