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  • Article 5 (3) of the Brussels I Regulation and Its Applicability in the Case of Intellectual Property Rights Infringement on the Internet

    Nataliya Hitsevich (2013-07-22)
    Article 5(3) of the Brussels I Regulation provides that a person domiciled in a Member State may be sued in another Member State in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful events occurred or may occur. For a number of years Article 5 (3) of the Brussels I Regulation has been at the centre of the debate regarding the intellectual property rights infringement over the Internet. Nothing has been done to adapt the provisions relating to non-internet cases of infringement of intellectual property rights to the context of the Internet. The author’s findings indicate that in the case of intellectual property rights infringement on the Internet, the plaintiff has the option to sue either: the court of the Member State of the event giving rise to the damage: where the publisher of the newspaper is established; the court of the Member State where the damage occurred: where defamatory article is distributed. However, it must be admitted that whilst infringement over the Internet has some similarity to multi-State defamation by means of newspapers, the position is not entirely analogous due to the cross-border nature of the Internet. A simple example which may appropriately illustrate its contentious nature is a defamatory statement published on a website accessible in different Member States, and available in different languages. Therefore, we need to answer the question: how these traditional jurisdictional rules apply in the case of intellectual property rights infringement over the Internet? Should these traditional jurisdictional rules be modified?
  • Building safe harbours in choppy waters - towards a sensible approach to liability of internet intermediaries in Australia

    Peter Leonard (Communications Policy and Research Forum15-16 November 2010Sydney NSW, 2010-12-15)
    Many of the key principles of the common law and of intellectual property law were developed before widespread use of the internet. Many State and Territory statutes were drafted without clear territorial nexus provisions, on the reasonable view (before the internet) that it would be self evident when a particular activity took place within a particular State or Territory and who committed that act. The internet challenged many of these principles. Even in those few areas where the law was re-written or judge made law evolved to address the internet, the rapid and unexpected evolution of user generated content sites and Web 2.0 applications such as mash-ups, blogging and social networking, requires the law to again adapt and evolve.
  • An Overview of Internet Regulation in China

    Cheung, ASY; Zhao, Y (2013-12-18)
    The content that is allowed on the Internet in China has always been strictly regulated; unsuitable content is organized under twelve general categories. As a result, guerrilla-style digital warfare is waged between the Chinese government and high-tech libertarians. The goal of Internet regulation for the authorities is to provide a “healthy” environment for both political and economic development.
  • Protecting Intellectual Proprietary Rights through Secure Interactive Contract Negotiation

    Serrão, Carlos; Guimarães, José (Springer, 2007-02-26)
    Protection of Intellectual Proprietary Rights is currently one of the most important barriers to electronic commerce of digital contents over networks. Authors and content providers understand the immense advantages of the digital world but show some reserve. However, technologies and techniques to protect IPR in digital content exist, their deployment in a coherent way is still in an early stage. In this paper, we describe the approach followed by the OCTALIS Project towards and effective electronic commerce of digital images. After describing briefly enabling technologies, the emphasis is on contract negotiation over Internet through a secure dialog between the Service Provider and the User.

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