This dissertation was written as part of the Master of Arts (MA) in Art, Law and
Economy at the International Hellenic University. The outcome of this dissertation
sheds some light on the issues of Private International Law that exist in case of
Copyright Infringements in the Online environment.
The relationship between copyright and private international law constitutes a
legal challenge. The increase in conflicts involving international and trans-border
elements, in a world characterised by global trade and borderless communication
structures, has drawn the two fields close and with the emergence of the Internet, the
enforcement of cross-border copyright infringements has become highly relevant.
With the prevalence of online “piracy”, the efficient enforcement of copyright has
proven to be a challenging task for both the legislators and the courts. The territorial
in nature national copyright law is challenged by the development of Internet.
In the European Union, the Member States have adopted a Council Regulation
on jurisdiction and the recognition and enforcement of judgments in civil and
commercial matters. These rules apply to contracts dealing, for example, with the
making available right, however, in some cases of Copyright infringement, there is a
lack of legal certainty for the interested parties. The choice of applicable law in cases of
copyright infringement with a foreign element is a quite complicated matter, on which
there is divergence of opinions. The importance of applicable law in case of intra
community and international in general conflict of laws remains a topic of great
interest.
First and foremost, I am delighted and grateful for having Dr. Irini Stamatoudi
as my supervisor, whose encouragement and guidance have been very helpful to me.
My deepest expression of appreciation goes to my partner in life, Petros Κ.
Karachristou. His love, patience and support have made it possible for me to pursue
this Master. I want to express my high appreciation for the true friendship to Sophia
Eumoiridou, my “partner in crime”, for her constant support and hospitality during my
studies. I would especially like to thank my friend and colleague, Angeliki
Panagiotakopoulou, who encouraged me to apply for this Master – together we
overcome the obstacles that are holding our goals hostage. A special thank you goes to
Christina Spiliotopoulou; the long hours of studying together are unforgettable and the
neck massages were very valuable. Last, but not least, I would like to thank my friend
and colleague Eva M. Moustaka, as without her, this Master would not be as
meaningful as it now is.
Keywords: Private international law, Copyright, Infringement, Jurisdiction, Applicable law, Internet
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