The Concept of 'Justiciability' in Foreign Copyright Infringement Cases

Abstract

Written immediately after the first instance decision of the High Court (Eng.) in Lucas Film v Ainsworth, this paper explores the concept of justiciability in cases of foreign copyright infringement. It argues that the distinction drawn in English international private law cases between cases that implicate the "validity" of an intellectual property right and those that concern (merely) their infringement has exhausted its utility. Advocating a more robust approach to forum non conveniens in this context (rather than a jurisdicitonal prohibition) this analysis may be particular relevance for jurisdictions in which Owusu does not govern.

Keywords: Copyright, Private International Law, Justiciability