Jurisdiction on the Internet after Pinckney

The International Review of Intellectual Property and Competition Law (IIC), Volume 46 - 2 Issue (March 2014)

4 Pages Posted: 27 Jan 2014 Last revised: 17 May 2016

See all articles by Martin Husovec

Martin Husovec

London School of Economics - Law Department; Stanford University - Stanford Law School Center for Internet and Society

Date Written: January 25, 2014

Abstract

European legal scholars who expected that CJEU in its awaited Pinckney C-170/12 ruling rejects the case as irrelevant, or at least follows academic projects like CLIP, remained disappointed, or even more, perplexed. Does the court's answering of questions mean also approving that they are relevant for the referring French court? Or does it only mean that CJEU did not want to waste this unique opportunity? Even more, does approving of questions implie some “procedural attribution principle” on the jurisdiction level of Art. 5(3)? Is mere accessibility criterion in the context of the mosaic theory of Shevill capable to prevent forum shopping and abusive copyright litigations with de minimis infringements? The ruling is not consistent on many of these issues. Interestingly enough, the Court even managed to confuse its own members, as the Advocate General in the pending Coty Prestige C-360/12 case not only formulated an unusual criticism of the Pinckney ruling, but also offered two conflicting solutions to the judges, rather than a single one.

Keywords: Jurisdiction, Internet, Intellectual Property, Pinckney, Art. 5(3) Brussels I

Suggested Citation

Husovec, Martin, Jurisdiction on the Internet after Pinckney (January 25, 2014). The International Review of Intellectual Property and Competition Law (IIC), Volume 46 - 2 Issue (March 2014), Available at SSRN: https://ssrn.com/abstract=2385276 or http://dx.doi.org/10.2139/ssrn.2385276

Martin Husovec (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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