Article, 2006

Droit d'auteur et droit international privé en Belgique

Summary

Published in French with English and Spanish translations, this study sets out the private international law rules that apply in Belgium to disputes over copyright works, following the Code of Private International Law in force since 1 October 2004. It first deals with two preliminary questions: where acts of exploitation on the internet take place, and the position of foreign authors. It then covers international jurisdiction, under the Brussels I Regulation and the Code, the law applicable to copyright, to exploitation contracts under the 1980 Rome Convention and to infringement, with the corrective mechanisms, and finally the recognition and enforcement of foreign judgments. The Code largely follows Brussels I but adds new grounds such as jurisdiction of necessity.

Reference

H. Haouideg, « Droit d'auteur et droit international privé en Belgique », RIDA, 2006, n° 207, p. 98-177.

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