Table of Contents

EU Copyright Law

EU Copyright Law

A Commentary

Elgar Commentaries series

Edited by Irini A. Stamatoudi and Paul Torremans

Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.


Paul Torremans

Subjects: law - academic, intellectual property law, law -professional, intellectual property law


This chapter is slightly peculiar in nature in the sense that it does not offer a commentary of a single instrument. There is after all, as yet, no single instrument that deals with the private international law aspects of intellectual property (IP) rights at EU level. What is to follow is therefore a 'tour d'horizon' of the topic and an answer to the question how the existing private international law instruments apply to IP. Rather than to repeat the exhaustive analysis that has been offered on other occasions, we will focus on provisions and points that create difficulties and we will offer suggestions for a way forward. In Section II we will look at issues of jurisdiction and in Section III we will turn to issues of choice of law. Jurisdiction is in this area governed by the Brussels I Regulation. The rules of that Regulation apply to intellectual property and that results e.g. in a standard rule that the defendant can always be sued in the courts of the country where he or she is domiciled. That rule does not create particular difficulties for IP cases and neither does the alternative rule for contractual issues which is found in Article 7(1). When it comes to infringement of IP rights the tort rule in Article 7(2) gives the claimant another alternative. The concept of the place where the harmful event occurred or may occur does cause some problems of interpretation though in an intellectual property context.

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