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Title: Cyberspace-Conflicting Jurisdictional Spheres of Litigating IPR Claims
Authors: Saha, Tushar Kanti
Keywords: Cyberspace;jurisdiction;copyright;database;trademarks;domain names
Issue Date: Sep-2010
Publisher: NISCAIR-CSIR, India
Abstract: Cyberspace is an amorphous space which operates logically and its domain covers many areas of law and regulation including intellectual property rights infringement nuanced heavily on copyright jurisprudence and trade-related issues. IP protection in cyberspace embraces four clusters, namely, copyright; data protection; trademark, service mark, trade name and trade dress; and domain names.The jurisdictional sphere of cyberspace assumes importance in the light of conflicting claims which are litigated in the traditional mode without a unique model of jurisprudence suitable for resolution of myriad jurisdictional issues emanating from technological innovation. A single transaction in cyberspace may involve the laws of at least three jurisdictions: (1) the laws of the state/nation in which the user resides, (2) the laws of the state/nation where the server hosting the transaction is located, and (3) the laws of the state/nation which apply to the person or business with whom the transaction takes place.The paper explores how the traditional principles of jurisdiction are being adapted to amenability of jurisdiction of cyberspace-origin cases.
Page(s): 364-373
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.15(5) [September 2010]

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