Putting Right Holders in the Centre: Bolagsupplysningen and Ilsjan (C-194/16) - What Does it Mean for International Jurisdiction Over Transborder Intellectual Property Infringement Disputes?

Lundstedt, Lydia

doi:10.2139/ssrn.3227931

Cited by 3 publications

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“…Lundstedt, 2018 Lundstedt, : 1043 Lundstedt, -1044 Institut de Droit International, 2019: arts. 5-6.…”

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Derechos de la personalidad y reputación en medios digitales transfronterizos

Asensio¹

2022

Derecho Priv. Const.

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The EU framework regarding access to justice in situations involving the infringement of personality rights in cross-border digital media is addressed in connection with the recent judgments of the Court of Justice in Mittelbayerischer Verlag and Gtflix Tv. As regards international jurisdiction, special attention is given to the scope of the centre of interest of the victim as ground of jurisdiction. Furthermore, the fragmentation that results from the jurisdiction granted to the courts of the place of the damage is discussed as well as the shortcomings of the view that mere accessibility to the harmful content in the forum country is the sole condition to grant jurisdiction to the courts of the place of the damage in all those situations. Additionally, the interplay between jurisdiction and choice of law rules and the implications for the cross-border recognition of judgments are also covered.

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“…Lundstedt, 2018 Lundstedt, : 1043 Lundstedt, -1044 Institut de Droit International, 2019: arts. 5-6.…”

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Derechos de la personalidad y reputación en medios digitales transfronterizos

Asensio¹

2022

Derecho Priv. Const.

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The Scope of Jurisdiction in Cross-Border Intellectual Property Disputes: Tackling Online Copyright Infringements

Knapp

2022

Białostockie Studia Prawnicze

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The aim of this paper is to analyse critically the problems stemming from the current model of enforcing protection in cases of online copyright infringements. The Internet allows for the easy dissemination and exploitation of copyrighted works globally. Remote and immediate access to content may result in simultaneous infringement on a worldwide scale. There is a long history of disputes over the enforcement of protection with regard to online copyright infringement, and while new laws and judgments are passed there are still no effective remedies nor consensus regarding a common approach to the problem of the multiplicity of applicable laws and jurisdictions in the event of infringement – a problem that derives mainly from the principle of the territoriality of intellectual property rights. Throughout the years there have been many attempts to solve it, mostly in the form of soft law instruments. None of the recommendations are binding, therefore the obligation to reconcile the right to the protection of copyright with the limits of the jurisdiction falls on national courts. As a consequence, the current legal status quo does not provide sufficient predictability to the outcome of litigation.

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Defamation on Social Media

Sakolciová¹

2021

Bratislava Law Review

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There is no doubt that social media have become a very important part of many people’s everyday life. The consequences of their usage is an increased engagement in defamation, most likely due to the aspect of anonymity present in the online environment. Such cross-border (or more precisely border-less) defamation raises difficult challenges in terms of jurisdiction and applicable law. These challenges, which will be analysed in more detail in the article, remain unresolved up until today. Moreover, negative effects occur not only within private international law itself, but status quo significantly influences the exercise of basic human rights, too. Besides analysing the existing EU legal framework and applicable case-law, the article also looks into the possible alternatives.

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Putting Right Holders in the Centre: Bolagsupplysningen and Ilsjan (C-194/16) - What Does it Mean for International Jurisdiction Over Transborder Intellectual Property Infringement Disputes?

Cited by 3 publications

References 0 publications

Derechos de la personalidad y reputación en medios digitales transfronterizos

Derechos de la personalidad y reputación en medios digitales transfronterizos

The Scope of Jurisdiction in Cross-Border Intellectual Property Disputes: Tackling Online Copyright Infringements

Defamation on Social Media

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