Interakce výlučné pravomoci a porušování práv k duševnímu vlastnictví na internetu v novém nařízení Brusel I bis, aneb jak se ignorují hlasy z praxe
Interaction of the Exclusive Jurisdiction and the Infringment of Intellectual Property Rights on the Internet under the Brussels I bis Regulation alias How the Experts Voices are Ignore

Summary/Abstract: According to the prevailing opinions the principle of territoriality is still the leading principle of intellectual property rights in relations with international element. This is the case even if those relations are carried out on the Internet. This principle, which had been completely understandable at the beginnings of the intellectual property rights, is reflected both in the stage of determining the jurisdiction and in the stage of determining the law applicable. There are many legal acts applicable to the above mentioned area in the European Union that reflect that principle. However, these acts are highly unresponsive to the “new” trend of exploitation of intellectual property rights on the Internet. These facts lead in practice to considerable problems. In December of 2012 the new regulation of the European Parliament and of the Council (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the so-called Brussels I bis regulation, has been adopted. The question whether the European legislator effectively responds to the above mentioned problems therefore arises. This article presents such selected problems of the most commonly used legislation of the European Union in the area in question. The emphasis is put on the interaction of the exclusive jurisdiction and the infringement of intellectual property rights on the internet. This article further analyzes how the European legislator actually dealt with those problems in the Brussels I bis regulation.

• Details
• Contents