A Handbook of Contemporary Research
- Research Handbooks in Intellectual Property series
Edited by Paul Torremans
Chapter 19: Questioning the principles of territoriality: the determination of territorial mechanisms of commercialisation
19 Questioning the principles of territoriality: the determination of territorial mechanisms of commercialisation Paul Torremans1 Introduction Under the broad heading of ‘Questioning the principles of territoriality’ this chapter looks at the determination of territorial mechanisms of commercialisation. Territoriality is a concept that is often misunderstood, but that is often used to explain somewhat odd aspects and implications of copyright. These implications are then seen as inevitable, because of the omnipresence in copyright of that concept of territoriality. One of my favourite examples is the idea that the court of the domicile of the defendant cannot deal with a claim concerning the infringement of a foreign copyright. This is based on a fundamental misunderstanding of the concept of territoriality and the negative consequences of the idea, i.e. that multiple cases need to be brought in multiple jurisdictions, are seen as inevitable because of the presence in copyright law of this concept of territoriality. A definition of territoriality There is therefore a need to set the scene by defining the concept of territoriality. The international legal framework does not use the concept and does not offer a definition. The Berne Convention, the TRIPs Agreement and the WIPO Treaties, to name just three, are based on the concept or their implementation inevitably leads to it, depending on the view one takes, but they do not contain the term nor do they offer a definition of the concept. Let me therefore refer to one of the leading texts on copyright, at least as far...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.