Online copyright infringement: the Court of Justice rules on jurisdiction

On 3 October 2013, the Court of Justice of the European Union, in case C-170/12, decided on the interpretation of article 5(3) of Regulation (EC) No 44/2001 on jurisdiction in civil and commercial matters.

According to such rule, as an exception from the rule of general jurisdiction based on the defendant’s domicile, ‘a person domiciled in a member state may, in another member state, be sued: […] in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur’.

In particular, the Court of Justice ruled on whether, pursuant to such rule of special jurisdiction, the author of a copyrighted work may bring a claim for damages before the court for the place where he is domiciled, because of the online sale of a pirated CD through a website accessible in the country of his domicile…

If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below. 

 

 

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Overview

Via Agnello 12
Milan
20121
Italy
http://www.nctm.it

Turnover (€m): 77.00
Jurisdiction: Italy