Choice-of-law in cross-border copyright and related rights disputes. Comparative inspiration for the PRC

PhD ceremony: Ms. N. Zhao, 12.45 uur, Academiegebouw, Broerstraat 5, Groningen

Dissertation: Choice-of-law in cross-border copyright and related rights disputes. Comparative inspiration for the PRC

Promotor(s): prof. M.H. ten Wolde

Faculty: Law

Ning Zhao discusses the problems of choice-of-law in cross-border copyright and related rights cases. Since the recent People’s Republic of China (PRC)’s codification on applicable law deals with IP rights claims, the book proposes practical suggestions to the PRC legislature and judiciary with regard to its rules on copyright and related rights. In doing so, a comprehensive overview of the rationales and legal justifications of copyright and a description of international substantive copyright and related rights protection are provided to underline, inter alia, the necessity of adopting specific choice-of-law rules for cross-border copyright and related rights disputes. On this basis, Zhao explores EU law, selected European states national laws and judicial practices, and academic “soft law” Principles; it particularly analyses issues such as the infringement of copyright, its scope, content and duration, as well as issues of initial ownership. With the explored laws and practices as comparative sources for inspiration, the book evaluates the PRC’s rules and practice, and concludes that, although the PRC legislature followed the contemporary trend of introducing choice-of-law rules for such disputes and adhering to the territorial principle, these rules still have practical drawbacks. Pragmatic solutions that allow flexibility in exceptional cases and have a clearer scope will enhance the effectiveness of the rules. This will serve the aim of reaching a balanced result between the needs of legal certainty and foreseeability on the one hand, and individual justice on the other.