CIVIL JURISDICTION, INTELLECTUAL PROPERTY AND THE INTERNET

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.