Jurisdiction Problems in Private International Law : Online Copyright Infringement

Abstract

The research objectives are (1) to study concepts, theories, and principles regarding the extent of jurisdiction and civil procedure for copyright infringement cases, (2) to examine both Thai and international laws and theories relating to online copyright infringement, (3) to analyze and compare issues on jurisdictional consideration and trial in Thailand and other countries, and (4) to propose, based on the findings, the right approach for jurisdiction in Thailand, which corresponds to the present context and follows international standards. This research project is qualitatively based on documentary analysis with data collection, textbooks, law journals, related articles, and electronic information from domestic and international sources. The findings indicate that there is no special legislation in Thai law covering jurisdictional consideration for online copyright infringement cases. The existing legislation that could be applicable is dissatisfactory. The existing legislation also disregards the redundancy in the trial, and there is no direct interpretation of the law concerning the issue either. Hence, it stands to reason to establish the principles of jurisdictional consideration in Thailand to be global for online copyright infringement cases and enact the legislation for the trial to avoid further complications.