Conflict of Laws (Private International Law) and Remedies

Abstract

In copyright infringement cases a discrepancy can exist between the claims that copyright owners raise and the remedies that the copyright owners request and that courts sometimes grant. This contribution discusses the discrepancy, which stems from the different territorial scopes of the claims raised and the remedies requested and awarded. The contribution reviews the causes of the territorial discrepancy, provides examples of the discrepancy, explores the problems that the discrepancy may generate, and discusses actual and possible solutions for the problems.

Keywords: remedies, copyright, conflict of laws, private international law, damages, injunctions, Mareva, internet, blocking, geoblocking, territoriality, Google, Equustek, Yahoo, choice of law, extraterritoriality