Lagval vid utomobligatoriskt skadestånd - Särskilt vid upphovsrättsintrång
PiratkopieringUpphovsrättLagvalRom II-förordningenUtomobligatoriska skadeståndJuridical scienceRättsvetenskapJuridikLaw and Political Science
This essay seeks to explore which country´s laws should be applied when a dispute concerning damages in non-contractual obligations arises från illegal copying. In Europe today we have merely a few documented laws regarding choice of law concerning illegal copying. Thus, a proposition regarding a regulation which shall control the choice of laws applied on disputes in non-contractual obligations has been prepared. Another main reason for the existence of such a regulation is the need for a united set of laws to enable recognition of other countries´ judgments in Europe. This proposal will be called the Rome II-regulation. Since the regulation is simply a proposition to be examines, I have included the unwritten rules to illustrate the situation as it is today. Foremost it is the term lex loci delicti commissi, meaning the law of the place where the tort was committed, which through precedents has won recognition. This is the case in Sweden and various other countries in Europe which still do not have written laws regarding choice of law. The final discussion will contain the Rome II-regulation which shall regulate the choice of laws within damages in non-contractual obligations concerning trespassing the intellectual property rights. The problem is that the legislation solely suggests that the laws in the country where protection has be invoked shall apply. Another problem which arises is cases concerning copyright. It is not applied in accordance to each country´s rules but is instead applied all over the world as soon as the work goes public. Therefore, it becomes more difficult to decide where the damage lays and hence where protection can be invoked.