Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 4, p. 863-885
working language: Serbian
Review paper
347.78:004.738.5 341.6(497.11)
doi:10.5937/zrpfns58-55237
Author:
Petar Đundić
University of Novi Sad
Faculty of Law in Novi Sad
p.djundic@pf.uns.ac.rs
ORCID ID: 0000-0002-9223-6373
Summary:
The nature of the Internet as a means of communication and exchange of information creates specific problems for international private law. One of them also refers to the determination of international jurisdiction in cases of violation of property and personal rights of authors committed through the use of the Internet. In the context of Serbian law and in connection with this type of dispute, domestic courts are in an opportunity to provide an answer to the question of how to interpret the provision of Art. 53rd st. 1 of the Law on the Resolution of Conflicts of Laws with the Regulations of Other Countries, which binds international jurisdiction in non-contractual liability for damage to the fact that the damage occurred on the territory of Serbia. The analysis that was the subject of this paper indicates that, in the case of the mentioned type of dispute, it is inexpedient to equate the place where the damage occurred with the place from which it is possible to access the protected content. Instead, the existence of a strong connection between the dispute and Serbia and the protection of the interests of both parties in the proceedings are ensured by the acceptance of jurisdiction in a situation where it is possible to conclude that the action of the potential harm was directed towards Internet users on the territory of Serbia.
Keywords:
international jurisdiction, copyright, internet, place of damage.