During recent years the European Court of Justice (ECJ) has proven to be increasingly active in relation to cross-border intellectual property disputes. The relevant cases cover a wide range of issues, from advertisement through use of keywords, to copyright-related issues involved in making protected material available through the Internet. All in all, it might be said that the Internet era has finally reached the Court of Justice. A similar development is visible in Swedish courts. This provides for an unlimited amount of material for further discussion. In this paper I would like to provide a short summary of the recent (and on-going) development as regards jurisdiction in online cross-border cases. My main focus will be on highlighting the recent findings from an ICT-perspective, and extracting to what extent there is a tendency to apply new rules in relation to the “new” problems that the Internet brings to the fore. I will also try to illustrate how our apprehension of the particular rules in this area is evolving – from merely reading the Code to a deeper understanding of the complex relationships that comprise the Law.
- ICT-law,
- Intellectual Property Law,
- Jurisdiction,
- EU-Law,
- Cross-Border
Available at: http://works.bepress.com/ulf_maunsbach/16/