ISSN : 1997-1052 (Print)
2227-202X (Online)
 
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In Quest of Resolving Online Copyright Infringements: Challenges and Way outs
Mohammad Ataul Karim
Abstract

Remedying process of online copyright infringements suffers serious setbacks and unprecedented challenges due to the territorial nature of IPRs enforcement. Owing to the peculiar nature of internet, questions pertaining to choice of law, choice of jurisdiction, choice of forum and recognition & enforcement of foreign judgment are the complicated issues that arise in online copyright dispute. Encountering the exposed challenges successfully, three way outs are possible: firstly, universalism within the auspices of WIPO, where member States will be required to harmonize their laws up to a minimum threshold; secondly, regional arrangements like EU under umbrella of regionalism and finally, specific response on case to case basis by concerned Statehood under which a just and fair jurisprudence may be evolved through State practice and case laws. The paper explores the issues and concludes that the first option may take time and would be difficult one to put into practice because of the diversities of State laws. On the other hand, the last two way outs are more suitable and already in vogue because of their compatibility with nature of the challenges within present online environment.

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