Determination of Competent Court in Copyright Infringement Cases in Cyberspace

With the increasing use of the Internet, copyright in the cyberspace can be easily violated by millions of users around the world, and the copyright holder faces the question that which court is competent in the actions against multiple violators who are in different countries? Whether or not the traditional rules of competency are applicable in cyberspace or we need new rules in this scope? This work attempts to determine the criteria for determining the competent court in the application for copyright infringement by comparative and analytical study of the above issue in several international and regional documents and Iranian law. With the examination of the various qualifications proposed in this dispute, it has been concluded that there is not a common rule of conflict resolution to be used in all cases of infringement of copyright in cyberspace, but the specific situation and circumstances of each case are crucial in determining the rule. Although in these cases, domicile of respondent has general jurisdiction, but there are some cases that the complainant has the right to choose a competent court from two or more courts under the laws and conventions (special jurisdiction). The competent court may also be agreed by the parties (agreemental jurisdiction). In some cases, a claim for copyright infringement in the cyberspace can also be made in a specific court under customary rules (exclusive jurisdiction).