Jurisdiction in cross-border copyright infringement cases. Rethinking the approach of the court of justice of the European Union
The dissertation provides new jurisdiction rules that yield predictable and efficient adjudication in cross-border copyright infringement cases. The proposals can be used in the European Union and at international level.
The dissertation argues that the alleged infringer can only be sued in the EU member state (or states) that was the objective target of their activities. The increased predictability regarding in which member state one may get sued, will result in the exchange of information and cross-border trade being less affected. The importance of the predictability has increased due to the prohibition for businesses to geo-block their websites for consumers from EU member states.
The dissertation also argues that the copyright holder should have the possibility to obtain full redress before the court of the member state in which the damage has been obviously substantial. The abovementioned proposals will alleviate the burden on the judicial systems of the member states.
PhD thesis written by Birgit van Houtert-Rebero.