La localización de la infracción marcaria en el mundo digital: crisis del principio de territorialidad y adaptación de los remedios jurídicos

Abstract

This doctoral thesis examines the impact of the digital environment on the principle of territoriality in trademark law and the need to adapt traditional legal tools to the cross-border reality of the Internet. In a context where infringing acts may produce simultaneous effects in multiple jurisdictions, the classical foundations of trademark law —based on territorial sovereignty— undergo a profound transformation requiring both conceptual and normative re-examination._x000D_ _x000D_ The research starts from the observation that technological expansion and the globalization of e-commerce have blurred legal borders, forcing a reconsideration of how the place of trademark infringement and the territorial reach of judicial remedies are determined. The study addresses two core issues: (i) the territorial delimitation of infringement in the digital environment, and (ii) the effectiveness and territorial scope of legal remedies against online infringements._x000D_ _x000D_ The first part analyses the evolution of the territoriality principle and its gradual flexibilization in response to phenomena such as trade internationalization, the EU trademark system, and the emergence of the Internet. It shows how legislators and courts have adapted the principle to reconcile national protection with a globally interconnected market._x000D_ _x000D_ The second part focuses on identifying the territorial place of infringement. Through comparative and case-law analysis, it examines the main judicial criteria —accessibility, causal act, and targeting or “directed activities”— and proposes a composite targeting model that combines technical factors (language, currency, delivery conditions) with perceptual ones (the average consumer’s perception). It also explores borderline cases such as non-targeted sales, offers through global platforms, and infringements occurring in virtual worlds and the metaverse._x000D_ _x000D_ The third part examines the procedural implications of cross-border digital infringements, including judicial competence, applicable law, and the territorial reach of injunctions, takedown, or blocking orders. It discusses the tension between territoriality and extraterritoriality, as well as the liability of intermediaries and online platforms, emphasizing the coordination required between the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA)._x000D_ _x000D_ Finally, the fourth part presents lege ferenda proposals aimed at ensuring a coherent and effective trademark protection framework adapted to current technological challenges. These include recognizing geoblocking and website reconfiguration as legitimate instruments of territorial delimitation, revising the Geoblocking Regulation, and adopting an International Protocol on Trademark Protection in Digital and Virtual Environments to harmonize criteria and enhance international cooperation._x000D_ _x000D_ The thesis concludes that it is possible to construct a trademark protection system that remains faithful to the principle of territoriality while adapting to the ubiquity of the Internet, ensuring both legal certainty and effective judicial protection in the digital global marketplace.

Date of Award	9 Jan 2026
Original language	Spanish
Awarding Institution	Universitat Autònoma de Barcelona (UAB)
Supervisor	Jorge Miquel Rodriguez (Director) & Elena Boet Serra (Director)