Territoriality Principle and Online Trademark Infringements

Columbia Law School Visiting Scholars Forum, New York, United States Of America, 23 March 2022, (Unpublished)

Publication Type: Conference Paper / Unpublished
City: New York
Country: United States Of America
Anadolu University Affiliated: Yes

Abstract

The territoriality principle in IP law has immensely affected IP protection over years. Whereas this principle has also been subject to substantial exceptions both with international agreements and national laws. This is also the result of today’s ever-evolving global trade system. Thanks to the increasing technological

instruments which create a borderless trade environment, it is getting harder to protect trademarks with a territorial approach. Even with many exceptions to the principle,

territorial protection seems “outdated” for online infringements. This is also due to the nature of the internet, which makes it harder to locate users since a single URL can be

directed to many different geogrophical locations and where users can reach anywhere in the world with a single click. The researcher will share her findings on whether the

principle still affects online trademark protection and the future projections, risks of different approaches and possible solutions.