Is there a legal basis for blocking injunctions under Sri Lankan law?

摘要

The Internet, in view of its expanse and the anonymity it offers to users, has posed significant challenges in the enforcement of Intellectual Property (IP) rights. This has motivated IP right-holders to alter their approach to IP enforcement-thus, instead of attempting to litigate against individual infringers, they have shifted their focus to intermediaries that provide access to or host online content. The purpose of this article is to consider whether the current procedural laws in Sri Lanka provide a basis for IP right-holders to seek injunctive relief against Internet Service Providers (ISPs) with the aim of compelling such intermediaries to adopt technical measures that block access to infringing online content-such injunctions being popularly known as 'blocking injunctions'. It is concluded that neither the Intellectual Property Act 2003, the law governing the protection and enforcement of IP rights in Sri Lanka, nor the provisions in the Judicature Act 1971 or the Civil Procedure Code 1889 provide a proper legal basis for injunctions that could compel an ISP to implement blocking measures.