Multi-territorial Intellectual Property Disputes over Cyber Space

Abstract

With the advent of the famous rhetoric “cyber space” at a global platform, legislators have come to a juncture where they need to realize that a different nature of disputes stand on their path. It is trite knowledge that the “cyber space” allows transactions in cross national boundaries almost instantaneously. The existing frameworks on territorial laws have lost its basic premise, as traditional theories of States Sovereignty cannot any longer be effective without considering contemporary frameworks of exercising legal jurisdictions. Attempts have been made in this article to focus primarily on determining sovereign jurisdiction in internet related cyber disputes, as infringement over the internet can occur over multiple jurisdictions consecutively. Thereby, making it important to elucidate on conflict of law issues to help courts determine infringement cases, as the classical rule of jurisdiction at the place of infringement, would seem rather redundant especially with IPR disputes having intrinsically wider scope of application geographically. This article examines the previous theories adopted by courts to deal with the extra-territorial IPR cases and articulates a novel approach that would help courts in striking a balance between the property holder's interest and the state sovereignty. This balanced approach requires courts to address potential conflicts of law and comity concerns over the global “cyber space” that we share. Adhering to the principles of private international law, to go around cyber disputes in intellectual property matters and to help States secure their territorial rights even in matters of multiple jurisdictional “cyber space” IPR disputes. The paper will be suggestive of a conclusive solution on how our domestic litigators and members of corporate institutions can adapt and transpose some of the Foreign Practices in this matter of multi-territorial dispute resolutions.