Views
Navigating Global Jurisdiction: The Indian Courts’ Approach to Online IP Infringement
Written by Akanksha Oak, Jindal Global Law School, India
Introduction
The modern commerce landscape faces a significant challenge: the widespread infringement of intellectual property (“IP”) rights due to online interactions that enable instant global access. This issue is exacerbated by cross-border activities, necessitating the application of private international law (“PIL”). However, IP protection remains territorial, guided by the principle of “lex loci protectionis.” This results in complexities when it intersects with PIL. Online IP infringement further convolutes matters due to the internet’s omnipresence and accessibility, making the establishment of jurisdiction a complicated process for legal professionals. A pivotal development in this arena occurred in 2021 when the Delhi High Court rendered a judgement in the case of HK Media Limited and Anr v. Brainlink International Inc.,[1] illuminating India’s legal framework for determining jurisdiction in cases of online IP infringement within the context of cross-border disputes.
The 2019 Hague Judgments Convention Applied by Analogy in the Dutch Supreme Court
Written by Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University
On 1 September 2023, the 2019 Hague Judgments Convention (HJC) entered into force. Currently, this Convention only applies in the relationship between EU-Member States and Ukraine. Uruguay has also ratified the HJC on 1 September 2023 (see status table). The value of the HJC has been criticised by Haimo Schack inter alia, for its limited scope of application. However, the HJC can be valuable even beyond its scope as this blog will illustrate by the ruling of the Dutch Supreme Court on 29 September 2023, ECLI:NL:HR:2023:1265.
Which Law Governs Subject Matter Arbitrability in International Commercial Disputes?
Written by Kamakshi Puri[1]
Arbitrability is a manifestation of public policy of a state. Each state under its national laws is empowered to restrict or limit the matters that can be referred to and resolved by arbitration. There is no international consensus on the matters that are arbitrable. Arbitrability is therefore one of the issues where contractual and jurisdictional natures of international commercial arbitration meet head on.
News
Virtual Workshop (in English) on May 6: Konrad Duden on “Squaring the Circle – Recognising Rare Family Forms and Gender Identities Within the EU”
On Tuesday, May 6, 2025, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Professor Konrad Duden (University of Hamburg) will speak, in English, about the topic
“Squaring the Circle – Recognising Rare Family Forms and Gender Identities Within the EU”
The principle of recognition has long been a feature of European private international law – increasingly also in matters of family law and the law of personal status. Recent case law has focused on so-called rainbow families – same-sex marriages and parenthood – and changes in legal gender markers. These are issues that are treated very differently across the EU, with extensive protection and equal treatment in some Member States, and clear and in some cases constitutional rejection in others. The CJEU is therefore trying to reconcile two contradictory principles: The exclusive competence of Member States in substantive family and civil status law on the one hand and the Union-wide recognition of families and gender identities registered in one Member State on the other. This presentation will examine how the CJEU attempts to resolve this conflict and what conclusions can be drawn from the case law on the nature and scope of the principle of recognition.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
5th German Conference for Young Researchers in Private International Law in Heidelberg – Conference Report
Written by Victoria Hélène Dintelmann (Heidelberg University)
On February 14th and 15th, 2025, more than one hundred young academics gathered at Heidelberg University for the 5th German Conference for Young Researchers in Private International Law to discuss the topic “Digital Transformation and Private International Law – Local Connections in Boundless Spaces”. The conference was organized by Andreas Engel, Sophia Schwemmer, Felix Berner, Aron Johanson, Markus Lieberknecht, Ann-Kathrin Voß, Charlotte Wendland and Anton Zimmermann.
PIL conference in Ljubljana, 18 September 2025
University of Ljubljana is organising Private International Law Conference with sessions in Slovenian and English. The conference, which will take place in Ljubljana (Slovenia) on 18 September 2025, will gather reknown academics and practitioners who will address current topics in European and international PIL.
The programme is available by clicking here: PIL-Ljubljana2025 and for more infromation you are welcome to contact the organisers at: ipp.pf@pf.uni-lj.si.