독일의 인터넷상의 지식재산권 침해에 따른 접속차단조치 - 저작권 침해 중심으로 법제 및 판례 분석 -

Based on the characteristics of simple online reproduction and distribution, infringement of intellectual property rights through the Internet is problematic because it is difficult for the infringer to remedy the rights. In this regard, what is recognized as an effective measure in practice is the DNS blocking of large access providers. Concerning blocking related to the infringement of intellectual property rights on the Internet, Germany newly established Article 7 (4) of the Telemedia Act after the German Federal Court of Justice ruled in 2015. Furthermore, there have been significant precedents since 2018, especially related to copyright infringement on the Internet, and through this, the legal basis and prerequisites for DNS block are discussed in detail. Currently, Germany adopts a method of applying Article 7 (4) of the Telemedia Act by analogy in recognizing DNS blocking requests for access providers. Proof of whether the rightsholder has actively implemented the measures to remove the obstruction of the infringement within the practical scope is essential when Article 7 (4) of the Telemedia Act prerequisite for use as an analogy. However, DNS blocking after judicial judgment based on disputes among parties to DNS blocking causes unnecessary consumption of cost and time. Also, there is a problem in that the possibility of bypassing the subsequent blocking is higher. In this regard, the CUII was established in 2021 as a consultative body among rightsholders and large access providers in Germany. The CUII promotes the rapid implementation of DNS blocking of structured copyright infringement sites through the review phase within the consultative body and the administrative review phase of the German Federal Network Agency. Judicial judgment on Germany's DNS blocking for copyright infringement on the Internet and the composition of the consultative body are judged to have implications for the operation of access blocking in Korea.