On Netlog, ACTA and the Scope of IPR Injunctions in the EU

Abstract

On 16 February this year the Court of Justice of the European Union (“CJEU”) published its decision in Case C-360/10 Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v Netlog NV (“Netlog”). This was a reference for a preliminary ruling under Article 267 TFEU from the rechtbank van eerste aanleg te Brussel (Court of First Instance, Brussels), in the context of proceedings between SABAM (a management company which represents authors, composers and publishers of musical works) and Netlog (the owner of an online social networking platform), concerning Netlog’s obligation to introduce a filtering system for information stored on its platform in order to prevent files which infringe copyright from being made available. This contribution will attempt to review Netlog in light of other recent decisions by the CJEU which have addressed the liability of internet service providers (“ISPs”) and have clarified – inter alia – the scope of injunctions available to rightholders to prevent the infringement of their intellectual property rights (“IPRs”). In addition, attention will be paid to the relationship between the InfoSoc and Enforcement Directives and the Anti-Counterfeiting Trade Agreement (“ACTA”), to see whether – and to what extent – the latter is compatible with current understanding of IPR injunctions within the EU.