Author: Alberto Cairo Touriño
Programme: Doctoral Programme on the Information and Knowledge Society
Language: English
Supervisors: Dr Raquel Xalabarder Plantada & Dr Miquel Peguera Poch
Faculty / Institute: UOC Doctoral School
Key words: jurisdiction intellectual property infringements,online territoriality,copyright
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Abstract:
The core aim of this research is to find a balanced jurisdictional approach for claims concerning online intellectual property infringements (Art. 7(2) Brussels Regulation Recast). It addresses the question of whether the current jurisdictional approaches are effective and able to provide a realistic alternative to general jurisdiction. The interaction between intellectual property law, private international law and the internet is analysed along with personality rights and personal data protection rights. The overall proposal is twofold: (1) to overcome strict territoriality in scenarios where intellectual property rights are not subject to registration, and (2) to supplement the 'online accessibility' approach with a stricter jurisdictional criterion. The references to the territorial nature of copyright laws should be considered as a matter of applicable law, and avoided when establishing special jurisdiction. Accordingly, setting the limits for mere online access would extend the power of the court to grant the overall compensation for the harm suffered in different EU territories.