IER 2016/6, p.398, S.J. Schaafsma: “Which court has international jurisdiction to hear claims in respect of an infringement of an intellectual property right via the Internet? Where does such an infringement take place, where is the locus delicti? Should such an infringement be qualified as a ‘cross-border’ tort?
These are the central questions dealt with in this article. The focus is on Article 7(2) of the Brussel I bis Regulation and a series of five decisions by the European Court of Justice. In these decisions, commencing with the 2012 Wintersteiger-decision, the Court has outlined its approach to these questions, discerning within the locus delicti between a place of the causal event giving rise to the infringement (locus actus) and a place where the alleged damage occurred (locus damni). This article seeks to analyse and evaluate the Court’s approach and to identify the remaining outstanding issues.”
