Principle Of Territoriality In IPR/Copyright Laws & Its Challenges
- IJLLR Journal
- Apr 17
- 1 min read
Aryaman Nehra, Amity University
Kanika Tyagi, Amity University
ABSTRACT
This chapter critically examines the principle of territoriality in copyright law, contextualizing it within the broader framework of intellectual property (IP) rights. It begins by unpacking the foundational notion of territoriality, which asserts that IP rights are confined within national borders, thereby limiting their enforcement and recognition across jurisdictions. The chapter then explores how this principle interacts with the global nature of creative industries and digital dissemination. Special emphasis is placed on the role of multilateral treaties—such as the Berne Convention, TRIPS, and WIPO- administered agreements—in attempting to harmonize standards and mitigate the restrictive implications of territorial limitations. Despite these efforts, territoriality remains a deeply embedded principle, challenged by emerging concepts like extraterritoriality and the realities of cross-border infringement. The chapter further investigates legal and practical loopholes inherent in the territorial framework, and how these impact enforcement strategies. Finally, it assesses the broader effects of territoriality on investment law, copyright infringement litigation, and the commercialization of creative works, particularly in the music and film industries, where territorial licensing and market segmentation are prevalent. Through this analysis, the chapter underscores the growing tension between national legal doctrines and the borderless nature of digital content, calling for a re- evaluation of territoriality in light of global IP governance.
