On Monday 2 November at 2pm in the B28, South Basement (Old College), Meryem Horasan, PhD Candidate at the University of Strathclyde, will present on the following topic:
‘Jurisdictional Challenges of the Internet: An Analysis of the Recent CJEU Case Law on Infringement of Intellectual Property Rights Online‘
The global character of infringements on the Internet inevitably requires considering private international law issues. However, the rules on jurisdiction in Brussels I Regulation are complex for online intellectual property rights (IPRs) infringement cases and, thus unpredictable taking into consideration the territorial nature of IPRs and the cross-border nature of the Internet. Although intellectual property law has been harmonised to a great extent in the EU, significant differences remain between Member States. This paper will explore how the CJEU dealt with the jurisdiction issues in cases of alleged online IPRs infringement and determine where it stands now in the light of recent cases.
The question of jurisdiction considered by the CJEU in Pinckney v Mediatech, a case concerning a claim for damages resulting from copyright infringement, and raised more questions than it answered. In October 2013, the CJEU concluded that harm occurs in all Member States in which the website content is made accessible. By doing so, the CJEU departed from the ‘intention to target’ approach established in earlier cases and found jurisdiction based on ‘mere accessibility’ criterion.
In January 2015, the CJEU handed down its decision in Pez Hejduk, a case concerning cross-border jurisdiction over online copyright infringement and came to the conclusion that mere accessibility of a website is sufficient to establish jurisdiction. In doing so, the CJEU confirmed its earlier approach in Pinckney and rejected the opinion of the AG which suggested that Pinckney should not apply to an online infringement where the damage cannot be localised. This paper will ask the question of whether ‘mere accessibility’ of a website from a Member State is adequate to allocate jurisdiction. This paper will also argue that although the CJEU is starting to develop a system regarding jurisdiction issues in cases of alleged online IPRs infringement, the question of whether this system would be an ideal one is disputable.
The talk will be followed by a discussion and an informal wine reception! All students and staff welcome!
Note: The entrance to South Basement of Old College (near the main entrance of OC and next to the post room) is accessible through swipe-card control. For students and visitors who do not have access, one of our colleagues will be around the entrance from 1.45pm to 2pm. If you are running late, please feel free to ask law reception for help.