Hong Kong Courts' Jurisdiction to Enforce Intellectual Property Rights Infringed By Internet Contents

Abstract

This article considers jurisdictional issues arising when a local resident's intellectual property rights are infringed by Internet contents uploaded overseas. It considers the implications of the double actionability rule in such cases, and questions the view that local courts do not have jurisdiction to enforce foreign intellectual property rights. The article outlines the jurisdictional rules relating to Order 11 of the Rules of the High Court, discusses the application of the rules to cases involving IP rights and explores how the borderless nature of the Internet impacts on the application.