In Ukraine, there are no special tests for solving the issue of extending the jurisdiction of Ukrainian courts to disputes related to the protection of intellectual property rights on the Internet. The law establishes only a general rule according to which courts can consider disputes about the protection of rights from violations that took place on the territory of Ukraine. However, there is relatively limited case law regarding what exactly should be understood by the place of the violation in the case of such a violation on the Internet. In the case of violation of IP rights, the situation is complicated due to the territorial nature of IP rights, which contradicts the global nature of the Internet. Foreign jurisdictions use different approaches to this problem, such as “Zippo” and ”Calder” tests in the US, or “intention to target” and “accessibility online” in the EU. This dissertation aims to analyze and compare the currently existing approaches to the jurisdiction of courts in cases related to the protection of IP rights from violations on the Internet and to determine the steps necessary for optimal regulation of this issue in Ukraine.
Regarding literature, the book “Internet Jurisdiction Law and Practice” by Julia Hörnle must be used.