Taikytinos teisės nustatymo aspektai autorių teisių pažeidimų bylose

Abstract

The question which law should be applied m copyright infringement cases is of first importance, because of many disparities still existing in national copyright laws on the one hand and great number of transnational copyright disputes on the other. The aim of the article is to identify which law should apply in copyright infringement cases and to what issues. In order to achieve this aim multilateral and bilateral international treaties, European Union laws, national laws and domestic and foreign case law is analyzed. First part of the article deals with qualification requirement, which is embedded in Lithuanian Law on Authors and Neighbouring rights and international copyright and related rights treaties. This requirement identifies persons which are eligible lo copyright protection in Lithuania. Although qualifcation requirement is directly linked with copyright infringement cases in which foreign element are present, this requirement has independent meaning and does not point to any particular law which should apply. [...]