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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
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2025: Abstracts
The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts“ (IPRax) features the following articles:
Judgment of the Hellenic Supreme Court Part 2: Relatives’ rights to compensation for emotional distress in fatal car accidents under the Rome II Regulation
Following a judgment by the Supreme Court of Greece in 2023, the issue of direct damages was once again brought before Areios Pagos. In a decision that diverged from the ruling of the Court of Justice of the European Union (CJEU) in the Lazar case, the Supreme Court reaffirmed its position. However, one member of the court expressed a dissenting opinion, emphasizing the obligation of national courts to submit a preliminary reference. This judge provided rationale for the Supreme Court’s departure from established case law, highlighting the importance of adhering to the CJEU’s precedents in the context of European legal integration.
Out Now: The 50th anniversary of the first Inter-American specialized conference on private international law. The future of private international law in the Americas by Dante Mauricio Negro Alvarado
The Department of International Law (Secretariat for Legal Affairs) of the Organization of American States (OAS) has just published in essay form the lectures delivered during the 49th Course on International Law, which was held on 5 -16 August 2024. For more information, click here.
The book features the following piece: The 50th anniversary of the first Inter-American specialized conference on private international law. The future of private international law in the Americas by Dante Mauricio Negro Alvarado (in English, p. 295-335). This is a must-read for Private International Law academics and lawyers from the region and beyond. Read more