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Copyright law, digital content and the Internet in the Asia-Pacific >
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| Title: | CIVIL JURISDICTION, INTELLECTUAL PROPERTY AND THE INTERNET |
| Authors: | Fitzgerald, Brian
Shi, Sampsung Xiaoxiang |
| Keywords: | Copyright - Asia Pacific
Internet
China
Australia
USA |
| Issue Date: | 2008 |
| Publisher: | Sydney University Press |
| Citation: | Copyright law, digital content and the Internet in the Asia-Pacific. |
| Abstract: | At the core of the civil litigation system is the notion of jurisdiction. In a
narrow sense it refers to whether a court has the authority to hear a case
in relation to specific people and activities (subject matter) but in a
broader sense it also encompasses what law should be applied (choice of
law), whether the court is a suitable court to hear the case (choice of
court) and the enforcement of judgements.
The notion of jurisdiction provides a tool for efficiently managing
litigation and traditionally has been based upon notions of connection to
a particular territory. In the global transnational world of the Internet the
concept of jurisdiction has struggled to find a sensible meaning.1 Does
jurisdiction lie everywhere that the Internet runs or is it more narrowly
defined?
In this chapter we examine recent cases concerning jurisdiction and the
Internet before the courts of the People’s Republic of China (PRC) in
matters relating to intellectual property. We also consider decisions in
Australia and the United States of America (US) and international
developments in the area. |
| Description: | Presented at the First International Forum on the Content Industry: Legal and Policy Framework for the Digital Content Industry collaboratively held by the East China University of Political Science and Law (http://www.ecupl.edu.cn) and the Queensland University of Technology (http://www.qut.edu.au) in Shanghai, People’s Republic of China, May 2007. This publication is an output of the ARC Centre of Excellence for Creative Industries and Innovation (http://www.cci.edu.au) Queensland University of Technology. |
| URI: | http://hdl.handle.net/2123/2362 |
| ISBN: | 9781920898724 |
| Appears in Collections: | Copyright law, digital content and the Internet in the Asia-Pacific
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