Международна компетентност на българските съдилища по спорове за авторско право и сродните му права
International Jurisdiction of Bulgarian Courts of Law in Copyright and Related Rights Disputes

Summary/Abstract: The first question to be answered when claiming protection of international copyright and related rights is which the competent court of law is. This article examines the provisions of the relevant EU acts and of the Bulgarian legislation on the international jurisdiction of Bulgarian courts of law on such disputes. After the accession of Bulgaria to the EU, the rules of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters should be applied when determining the international jurisdiction of Bulgarian courts of law in civil and commercial disputes, in which the defendant is domiciled in a Member-State. Provided the defendant is not domiciled in a Member-State, the rules of the Bulgarian Code on Private International Law are applicable. In the light of the increased information flow on the Internet, including of objects protected by copyright and related rights, the theory nowadays focuses its efforts on proposing alternative points of attachment for granting international jurisdiction in disputes on copyright and related rights on the Internet. However, the approval and adoption of particular solutions in that regard is still to come.

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