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Part B The Applicable Law, 17 Choice of Law and the Internet

From: Intellectual Property and Private International Law (3rd Edition)

Paul L. C. Torremans

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Applicable law — Jurisdiction

This chapter details the choice of law surrounding the internet. It clarifies that the process is not fundamentally different whether contracts and infringement of an intellectual property right are conducted on the internet or in the real world. Despite the amendments, the Paris Convention of 1883, and the Berne Convention of 1886 as the basis of intellectual property conventions remained untouched. The chapter then elaborates on the notion of ubiquitous infringement in correlation with a de minimis rule and special cases. It discusses contributory liability on the internet, citing the case of eBay where it may not be directly infringing goods, but acts as an auction platform and third party for those who are liable.

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