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5 Nat'l L.U. Delhi Stud. L.J. 163 (2023)
Curbing Copyright Infringement with Dynamic Injunction: The Case for Transjudicial Influence in India

handle is hein.journals/nludslj2023 and id is 169 raw text is: CURBING COPYRIGHT INFRINGEMENT WITH DYNAMIC INJUNCTION: THE CASE FOR TRANS- JUDICIAL INFLUENCE IN INDIA Md Tasnimul Hassan and Bhumika* This paper examines the concept of dynamic injunction as a potential solution for curbing copyright infringement in India. Dynamic injunctions serve as a legal mechanism that empowers courts to issue injunctions against internet service providers and other intermediaries, compelling them to block access to websites or platforms that facilitate copyright infringement. This approach acknowledges the constantly evolving nature of digital infringement, allowing courts to swiftly adapt to emerging threats. The paper also explores the potential benefits and challenges associated with adopting dynamic injunctions and trans-judicial influence in India. It underscores the significance of striking a balance between safeguarding copyright holders' rights and upholding the principles of free expression and access to information. Furthermore, the implications of integrating dynamic injunctions and trans -judicial influence into India's legal framework are examined, including the need for legislative amendments and the role of intermediaries in enforcement. While delving into the concerns regarding potential abuse of these mechanisms and underscores the necessity of robust safeguards to prevent overreach and protect individual rights, this paper asserts that the adoption of dynamic injunctions can greatly enhance India's capacity to combat copyright infringement in the digital landscape. It calls for a comprehensive approach that balances the interests of copyright holders, intermediaries and the public while fostering innovation and creativity in the evolving digital ecosystem. Keywords: dynamic injunction - copyright infringement - judicial discretion - website blocking * Md Tasnimul Hassan holds a B.A.LL.B. (H.) degree from Jamia Millia Islamia, New Delhi. Bhumika holds an LLM degree from NALSAR University of Law, Hyderabad.

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