# Copyright, Designs and Patents Act 1988, Section 97A: Injunctions against service providers


(1) The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright.
(2) In determining whether a service provider has actual knowledge for the purpose of this section, a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, amongst other things, shall have regard to—
(a) whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013); and
(b) the extent to which any notice includes—
(i) the full name and address of the sender of the notice;
(ii) details of the infringement in question.
(3) In this section “ service provider ” has the meaning given to it by regulation 2 of the Electronic Commerce ( EC Directive) Regulations 2002.

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Source: https://www.legislation.gov.uk/ukpga/1988/48/section/97A (the official version)
Page: https://openlegislation.uk/copyright-designs-and-patents-act-1988/section-97A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.