Abstract

With the advancement of the technology and the ever-present nature of the Internet our understanding of the intellectual property rights over the Internet as well as private international law has been revolutionized. Previously the private International Law of intellectual property was easier to understand and had physical space and boundaries unlike the present scenario. Due to the ever-present nature of the Internet, new challenges came in the way of lawmakers, judges and even the States. So, it is important to address these changes and examine how we can deal with these changes. There is a high possibility in this digital age that a material which is protected by Intellectual property laws in a certain state would end up downloaded in other states and viewed by multiple people in various States. So, it’s evident that the intellectual property rights infringer could be sitting in a whole other state while the owner of the intellectual property rights will be miles apart from the infringer and where the real loss is take place. So, it is important for the safety of the owner of the Intellectual Property to have certain rules when it comes to the jurisdiction rules that already exist and need some solutions with the advancement of technology. The main question that arises is who has jurisdiction over the matters of cyberspace? The main aim is to recognize the shortcomings in the present jurisdictional rules and provide jurisdictional solutions to overcome these shortcomings. The proper functioning of the system can only be there when there are certain set of effective jurisdictional rules for Intellectual Property Rights over the Internet and how to deal with the infringement when the infringer is miles apart and didn’t even enter the State where the harm occurred.

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