Jurisdiction In Transnational Internet Infringement Cases

ABSTRACT:Internet which has great influence comes out of the rapid development of the modern information and technology. The traditional lifestyle of human is changed by the vigorous development of the Internet, such as online dating, online shopping, online signing, Internet is everywhere in our life. Taking "Taobao" as an example, according to date, on November11,2013one day, it creates the myth of35.019billion turnover. The world economy is becoming the economy based on information technology. Internet in bring convenience to people, however, at the same time, also produced a series of new problems, such as the jurisdiction of network infringement. This article will conduct detailed research and discussion about it. This thesis can be divided into four parts on the research of jurisdiction of transnational Internet infringement. The first part analyses the complex the traditional theories are facing as the time of internet comes; Second, it analyzes and explores the new theory about transnational internet infringement issues on the international community; Third, by taking America, Canada, Australia and some representative countries in Europe as examples, it analyzes the judicial practices and opinions separately. It presents relevant legal disputes and comments on the contents of the cases. It compares the similarities and differences of theories of jurisdiction on Internet infringement in order to offer reference for the development of it; The forth part is a conclusion based on the previous analysis, depend on which we can find how to improve the relevant jurisdiction system of our country. In the discussion about the new jurisdictional bases, website and plaintiffs residence can be regarded as the basis for internet infringement. Forum non convenience and doctrine of the most significant relationship can be references to the Internet jurisdiction. The purpose of this thesis is to present relevant legal disputes and comments on the cases. Considering the capacity of the author, specific concrete cases has not been fully discussed in this thesis, but only collected, organized and analyzed the relevant materials as researching basis.