TERRITORIALITY IN INTELLECTUAL PROPERTY LAW: ANALYSING WHETHER THE PRINCIPLE OF TERRITORIALITY SHOULD BE APPLICABLE ONLINE

Abstract

This paper will argue that, with regards to intellectual property law, the principle of territoriality should not be applicable online. The central concept of territoriality has first been explained, with its evolution briefly outlined. Several pieces of literature have then been assessed, accounting for contrasting viewpoints on the topic. Subsequently, key arguments showcase the infeasibility of applying territoriality online, and the pessimistic implications of doing so are elaborated. Potential opposing viewpoints have been refuted, with their weaknesses evidently identified. Following a thorough investigation and analysis, this paper concludes that territoriality should not be applicable online.