عنوان مقاله [English]
The inevitable conflict between two principles, territoriality of intellectual property law and internet being placeless at the stage of enforcement, has affected the determination of the applicable law on an action claimed to be infringing; especially in copyright for which registration is not a requirement. This situation has caused the principle of territoriality to become weak in determining the applicable law. On the other hand, international and regional conventions, which discuss determining the applicable law, regard traditional infringement in a physical context; thus rely on the principle of territoriality. As a result, considering the uncertainty regarding territoriality, this principle cannot be applied in copyright infringement cases in the placeless environment of internet. So most countries are obliged to recourse toward general principles in order to determine the applicable law. Since there is no single procedure (approach) among countries of the world, and most definitely implementation of individual solution cannot help resolving the issue, it is clear that the laws must become unified, in order to preserve the benefits of parties of a lawsuit. Therefore, this paper is put together in order to pave the path from an incoherent jurisdiction to an international and comprehensive copyright protection.
13. B.Froblich Anita, COPYRIGHT INFRINGMENT IN THE INTERNET AGE-PRIMETIME FOR HARMONIZED CONFLICT-OF-LAWS RULLES?,2009.
14. Dessemontet Francois, CONFLICT OF LAWS FOR INTELLECTUAL PROPERTY IN CYBERSPACE,200119
15. Doctrine and Opinions, APPLICABLE LAW IN COPYRIGHT INFRINGMENT CASES IN THE DIGITAL ENVIRONMENT,2005.
Goldstein Paul, Hugenholtz Bernt, INTERNATIONAL COPYRIGHT,2010.-21
16. Matulionyte Rita, LAW APPLICABLE TO ONLINE INFRINGMENTS IN CLIP AND ALI PROPOSALS: A REBALANCE OF INTERESTS NEEDED, 2011.
17. Matulionyte Rita,LAW APPLICABLE TO COPYRIGHT,2011(BOOK)
18. Ross Blackman Samuel, Choice of Law for Online Copyright Infringement, 2013
19. Ohly Ansgar ,CHOICE OF LAW IN THE DIGITAL ENVIROMENT-PROBLEMS AND POSSIBLE SOLUTIONS, INTELLECTUAL PROPERTY AND PRIVATE INTERNATIONAL LAW-HEADING FOR THE FUTURE ,2005.
20. sarcevice Peter, volken Paul, Year book of Private International Law,2010
21. Xalabarder Raquel , COPYRIGHT: CHOICE OF LAW AND JURISDICTION IN THE DIGITAL AGE,2010.27
22.American Law Institute” INTELLECTUAL PROPERTY:PRINCIPLES GOVERNING JURISDICTION,CHOICE OF LAW,AND JUDGMENTS IN TRANSNATIONAL DISPUTES”,2008,www.wipo.int
23. APPLICABLE LAW AND JURISDICTION IN ELECTRONIC CONTRACTS II, (January 2011),www.emarketservices.com
24. European Max Planck Group on Conflict of Laws in Intellectual Property(CLIP)”PRINCIPLES ON CONFLICT OF LAWS IN INTELLECTUAL PROPERTY”(Final Text,1 December 2011)http://www.cl-ip.eu