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Conflict of Laws and the Internet

Pedro de Miguel Asensio

The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.
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ABBREVIATIONS

Pedro de Miguel Asensio

ACPA

Anticybersquatting Consumer Protection Act

ACTA

Anti-Counterfeiting Trade Agreement

ADR

Alternative Dispute Resolution

AG

Advocate General

ALI

American Law Institute

B2B

Business to business

B2C

Business to consumer

C2C

Consumer to consumer

CDA

Communications Decency Act

CDR

Community Design Regulation

CFREU

Charter of Fundamental Rights of the European Union

CISG

United Nations Convention on Contracts for the International Sale of Goods

CJEU

Court of Justice of the European Union

CLIP

European Max Planck Group on Conflict of Laws in Intellectual Property

DLT

Distributed Ledger Technology

DNS

Domain Name System

ECHR

European Convention of Human Rights

ECtHR

European Court of Human Rights

EDPB

European Data Protection Board

EEA

European Economic Area

EFTA

European Free Trade Association

EPC

European Patent Convention

EPO

European Patent Office

EURid

European Registry for Internet Domains

EUTMR

EU Trade Mark Regulation

FRAND

Fair, Reasonable, and Non-Discriminatory

GDPR

Regulation (EU) 2016/679, General Data Protection Regulation

HCCH

Hague Conference on Private International Law

ICANN

Internet Corporation for Assigned Names and Numbers

ICC

International Chamber of Commerce

IP

Intellectual property

IP

Internet Protocol

ISO

International Organization for Standardization

ODR

Online Dispute Resolution

OECD

Organisation for Economic Co-operation and Development

P2P

Peer to peer

SME

Small and medium-sized enterprise

TFEU

Treaty on the Functioning of the European Union

TLD

Top Level Domain

TRIPS

Treaty on Trade-Related Aspects of Intellectual Property Rights

UDRP

Uniform Domain Name Dispute Resolution Policy

UNCITRAL

United Nations Commission on International Trade Law

UPC

Unified Patent Court

URL

Uniform Resource Locator

WCT

WIPO Copyright Treaty

WIPO

World Intellectual Property Organization

WPPT

WIPO Performances and Phonograms Treaty

WTO

World Trade Organization