Master of Laws
Dr. Margaret Ann Wilkinson
This dissertation examines the principle of National Treatment enshrined in international copyright treaties to address private international law issues in copyright infringement occurring over the Internet. The thesis provides a brief overview of private international law and analyzed the principle of National Treatment as a private international law rule determining jurisdiction and applicable law. The primary case studies in the thesis include an analysis of the rules adopted in copyright disputes by courts in England, France, the United States and Canada in the pre- and post-Internet contexts, as well as a discussion of the European Union as an exception to these rules. The thesis concludes with the finding that the principle of National Treatment ensures that no conflict occurs in terms of either jurisdiction or applicable law, and courts need not develop private international law rules specifically to combat copyright infringement occurring over the Internet.
Ramesh, Ragavi, "Re-imagining the Principle of National Treatment: Addressing Private International Law Issues in Copyright Infringement in the Internet Era" (2015). Electronic Thesis and Dissertation Repository. 2993.