engleski

Jurisdiction over Copyright Internet Infringement

This article is focused on the European Union provision on special international jurisdictional applicable in cases of infringement of author’s right and neighbouring rights committed over the internet. In the analysis of Article 5(3) of the Brussels I Regulation, it is inevitable to rely on the CJEU case law. The recent judgments, especially in the cases Pinckney and Hi Hotel, as well as some other cases related to other intellectual property rights, are discussed in detail. Particularly, they are assessed as against the principle of territoriality of intellectual property rights. The final part of the article is dedicated to the question of whether these CJEU judgments adopt accessibility or targeting as the criterion for establishing jurisdiction for the internet–related disputes

private international law; jurisdiction; copyright; internet

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