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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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Chapter 5: UNFAIR COMPETITION, TRADEMARKS AND OTHER INDUSTRIAL PROPERTY RIGHTS

Pedro de Miguel Asensio

Extract

The issues raised by the cross-border protection of unfair competition and industrial property rights, such as trademarks, patents and designs, with regard to Internet activities are addressed. Domain names and the interplay between alternative dispute resolution and court proceedings in this area receive special attention. The interpretation of jurisdiction rules over infringement claims and the determination of the law applicable to the relevant disputes are analyzed in detail. The scope and effectiveness of injunctions are also discussed with regard to claims based on national provisions and EU unitary rights, particularly trademarks.

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