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
Publication of the fifth editions of the Practical Handbooks on the Operation of the 1965 Service and 1970 Evidence Conventions
The Permanent Bureau of the HCCH is pleased to announce that the fifth editions of the Practical Handbooks on the Operation of the 1965 Service and 1970 Evidence Conventions are now available for purchase in both paper and e-book format.
The 1965 Service and 1970 Evidence Conventions establish uniform frameworks of cooperation mechanisms to streamline, respectively, the transmission of documents for service abroad and the taking of evidence abroad. The Service and Evidence Handbooks are intended to assist users of the Conventions, including Central Authorities, government officials, courts, counsel and legal practitioners, by providing practical guidance on their implementation and operation.
The Practical Handbook on the 1965 Service Convention is designed first and foremost to assist users with the operation of the main and alternative channels of transmission and the provisions regarding adequate protection of the defendant. As for the Practical Handbook on the 1970 Evidence Convention, it is designed to assist users with the operation of the two systems of taking evidence that are provided by the Convention, namely (1) Letters of Request and (2) Consuls and Commissioners. The Practical Handbooks also explain how information technology is and may be used to further enhance the operation of the Conventions, including by incorporating, for the 1970 Evidence Convention, relevant information from the HCCH Guide to Good Practice on the Use of Video-Link.
Incorporating recent developments, court decisions, and practical examples provided by experts from around the world, as well as updates from the meeting of the Special Commission held in July 2024, the fifth editions of the Handbooks are essential resources for anyone involved in the implementation and operation of the 1965 Service and 1970 Evidence Conventions.
More information on how to purchase hard copies and/or e-book copies is available on the Publications section of the HCCH website (for the general public). Specific instructions for HCCH National and Contact Organs and Member Central Authorities designated under the Service and Evidence Conventions are also provided on the Publications section of the HCCH website.
This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).
Extended Deadline – Call for Papers: “Tariffs: Emerging challenges in global trade” by the Journal of Law, Market & Innovation (JMLI)
We have recently shared the call for papers by the Journal of Law, Market & Innovation (JLMI) for its first issue of 2026. The deadline has now been moved to 20 July 2025.
For further information, we are again referring to the editors who can be reached at editors.jlmi@iuse.it.
Call for Papers: Special Issue of the Akdeniz University Faculty of Law Journal in Honor of Peter Hay
Necla Ozturk (Editor of the Akdeniz University Faculty of Law Journal) has kindly shared the following call for papers with us:
On the occasion of the 90th birthday of distinguished legal scholar Professor Dr. Peter Hay, Akdeniz University Faculty of Law Journal is preparing a special issue to be published in 2025, dedicated to his outstanding contributions to Private International Law and Comparative Law.
Throughout his illustrious academic career, Professor Hay has profoundly influenced the field through his pioneering work on the relationships between American, German, and European Private Law systems. His publications, teaching, and international engagements have left a lasting mark on the legal world.
We would be honored to receive a contribution from you for this commemorative issue. We especially welcome articles that address topics aligned with Professor Hay’s areas of expertise or offer critical reflections inspired by his scholarly legacy.
Suggested Topics Include:
• Private International Law
• Comparative Law
• Convergence/Divergence of Legal Systems
• American And European Private Law
• Critical Assessments of Professor Hay’s WorkSubmission Deadline: November 15, 2025
Languages Accepted: Turkish, English, German, French.
Submission Guidelines: https://dergipark.org.tr/en/pub/akdhfd/writing-rulesPlease submit your article via https://dergipark.org.tr/en/pub/akdhfd or hukukdergi@akdeniz.edu.tr by the deadline indicated above.
We look forward to your valuable contribution to this special issue that pays tribute to Professor Peter Hay’s scholarly achievements and influence.