Intellectual Property—Internet Jurisdiction and Applicable Law

2021 ◽  
pp. 406-435
Author(s):  
Julia Hörnle
Keyword(s):  
Intellectual Property ◽  
European Patent ◽  
Berne Convention ◽  
Domain Names ◽  
Applicable Law ◽  
The Relationship ◽  
Personal Jurisdiction ◽  
Brussels Regulation ◽  
Copyright Directive ◽  
The Eu

Chapter 12 covers jurisdiction and applicable law in respect of internet cases involving intellectual property (IP). It covers both registered rights (eg trademarks, patents, design rights) and unregistered rights (eg passing off, copyright). It incisively discusses the relationship between IP and the territoriality principle, and how the English courts have moved away from the strict territoriality rule in recent years. The chapter discusses the Berne Convention and, within the EU, the Copyright Directive overcoming the strict territoriality of copyright. It includes a discussion of domain names and in rem jurisdiction at the place of registration of the domain name. The chapter then moves to an explanation of the jurisdictional rules in England, as well as the harmonized EU rules in the Brussels Regulation. The chapter analyses in rem, subject-matter jurisdiction and its interplay with personal jurisdiction under the Brussels Regulation and the English Jurisdiction rules. The chapter briefly discusses the jurisdictional provisions in the EU Trademark Regulation, Community Design Regulation, and the European Patent. Finally, it covers the rules on applicable law in the Rome II Regulation and the Berne Convention.

Copyright Resources

2003 ◽  
Vol 3 (1) ◽  
pp. 32-33 ◽  
Author(s):  
Mandy Webster
Keyword(s):  
Intellectual Property ◽  
Trade Mark ◽  
European Patent ◽  
Patent Office ◽  
International Treaties ◽  
Press Releases ◽  
Legal Decisions ◽  
Search Facility ◽  
Copyright Directive ◽  
The Eu

This site contains information on copyright, designs, patents and trademarks. The legal decisions page includes selected decisions issued by the Patent Office since the beginning of 1998 and links through to the Patents Court website, European Patent Office website and Copyright Tribunal. News and press releases on aspects of intellectual property and the Trade Mark, Patent and Design Journal notices can also be viewed here with all pages including a note of when they were last updated. A page with information on patent and trademark searches and a search facility for the whole site is available. A list of forms can be accessed and viewed along with guidance notes and fees information. Progress on implementation of the EU Copyright Directive is brief but helpful. The glossary of terms covers very few terms and some pages would benefit from hyperlinks being added such as the information about international treaties. URL: http://www.patent.gov.uk/copy/index.htm

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.

Copyright in the Digital Single Market

2021 ◽  
Author(s):  
Eleonora Rosati
Keyword(s):  
Single Market ◽  
Eu Directive ◽  
Thirtieth Anniversary ◽  
Twentieth Anniversary ◽  
The Relationship ◽  
Copyright Directive ◽  
The Eu

This book provides an article-by-article commentary to the provisions of the 2019 EU Directive on copyright in the Digital Single Market. It investigates the history, objectives, and content of Directive 2019/790's complex provisions as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis. It explains why the EU Directive on copyright in the Digital Single Market is a significant and foundational part of the broader EU copyright architecture. The book aims to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the Digital Single Market. It marks two important anniversaries in the EU copyright harmonization history: the thirtieth anniversary of the first ever adopted copyright directive, Software Directive 91/250, and the twentieth anniversary of InfoSoc Directive 2001/29, an ambitious legislative instrument.

scholarly journals ALLEA Statement on Patent-Related Aspects of CRISPR-Cas Technology

2017 ◽  
Vol 22 (1) ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Working Group ◽  
Patent Law ◽  
European Patent ◽  
Executive Summary ◽  
Permanent Working ◽  
The One ◽  
The Eu

Executive SummaryThe principles enshrined in the EU Biotech Directive and the Implementing Regulations to the EPC, as applied in the patent granting practice of the European Patent Office to inventions related to the CRISPR-Cas technology, in the opinion of the ALLEA Permanent Working Group on Intellectual Property Rights, reflect that the patent law in force in the EU and set forth in the EPC provides, on the one hand, the necessary incentives for a successful development and use of CRISPR-Cas technology across all fields of life sciences, but at the same time also provides all the necessary safeguards that in particular no patents can be granted for inventions, also those using CRISPR-Cas technology, which could in any way offend human dignity and/or integrity. Those rules are flexible enough as to take into account also future regulatory developments which may provide new rules as regards the use of CRISPR-Cas technology in humans, but also in animals and plants. The ALLEA Permanent Working Group on Intellectual Property Rights is, therefore, of the opinion that the CRISPR-Cas technology at the present stage does not require any reforms in the patent law field.

A Note on the Protection of Intellectual Property on the Internet: A Russian Perspective

2004 ◽  
Vol 29 (2) ◽  
pp. 257-269 ◽  
Author(s):  
Igor Motsnyi
Keyword(s):  
Intellectual Property ◽  
The Internet ◽  
International Treaties ◽  
Domain Names ◽  
Legal Professionals ◽  
Legal Standards ◽  
Eu Legislation ◽  
Negative Results ◽  
Russian Law ◽  
The Eu

AbstractThe article deals with the fascinating and uneasy relationships between the Internet and intellectual property. The author intends to give a concise overview of this problem in light of Russian law and international legal standards. Some decisions of Russian courts will be examined. This problem is rather new for Russia; and the main difficulty is that neither judges nor other legal professionals have yet become used to working with IP on the Internet. This note will look into copyright in the Internet and analyze the controversy of domain names-trademarks. Special attention will be devoted to the issue of linking and technological measures for copyright protection. A draft law that aims to amend existing Russian copyright legislation will be analyzed. This draft, if adopted, will bring significant changes to the traditional copyright system of Russia. The author will argue that the approach used by the drafters is deficient and can, in fact, yield negative results for the parties concerned. The article compares the draft with the relevant provisions of US and the EU legislation and international treaties.

scholarly journals United patent court of the EC: organizational and economic-legal basis of functioning

2019 ◽  
pp. 34-43
Author(s):  
H.O. Androshchuk ◽  
L.I. Rabotiahova
Keyword(s):  
Intellectual Property ◽  
Economic Factor ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
Association Agreement ◽  
Unified Patent Court ◽  
The Eu

The EU’s system for dealing with patent law disputes provides that disputes concerning the same European patent may be considered in parallel in different EU member states. To prevent such shortcomings from adversely affecting the transparency and functioning of the market, it was decided to introduce a Unified Patent Court in the EU patent system. The required package of documents (“patent package”) is intended to make the most valuable changes in the legal regulation of the protection and protection of inventions in the EU over the past 40 years. The article discusses the role and place of the Unified Patent Court (UPC) in the EU patent system. The organizational and economic-legal aspects of the creation and operation of a specialized patent court with exclusive jurisdiction for court proceedings related to European and unified EU patents: structure of the court, composition of judges, language of processes are analyzed. financial activities, organizational and procedural provisions, litigation costs and fees. It is emphasized that the economic factor is the key issue of the effective existence of the EU patent system. The experience of creating the Unified Patent Court will be interesting for Ukraine, which has chosen the path to create a specialized court in the field of intellectual property, because approximately one fifth of the Association Agreement with the EU concerns the unification of the legislation of Ukraine and the EU in the field of intellectual property

The Concept of Europeanization and Possibilities of its Application to the Analysis of Ukraine-EU Relations

2017 ◽  
pp. 149-160
Author(s):  
Natalia Popova
Keyword(s):  
European Integration ◽  
Theoretical Research ◽  
Member States ◽  
External Governance ◽  
Definition Of ◽  
The Relationship ◽  
Eu Studies ◽  
The Eu

The concept of Europeanization has become quite fashionable in EU studies in recent years. It is often used for the analysis of the relations between the EU and non-member states. The aim of the article is to examine the possibilities of its application in explaining the relationship between the EU and Ukraine. The structure of the article is as follows: firstly, the concept of Europeanization is defined considering such two disputable issues as distinguishing among concepts of Europeanization and European integration as well as Europeanization and EU-ization. Next, the evolution of the theoretical research of Europeanization and definition of this concept are analyzed. Two main mechanisms of Europeanization (conditionality and socialization) are examined. The author considers main approaches to the analysis of the "external" Europeanization emphasizing the concept of "external governance". Three groups of factors which influence the effectiveness of Europeanization are briefly analyzed. And finally, the peculiarities of application of the Europeanization concept to the Ukraine-EU relations are outlined. Keywords: EU, Ukraine, Europeanization, EU-ization, ‘external’ Europeanization, conditionality, socialization, concept of ‘external governance’

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