Discussion On The Law Of The Conflict Of Laws For Intellectual Property

Intellectual Property is a hot point concerned by international and domestic theory and practical fields, but the discussions on intellectual property are mostly concentrated on International Law, International Economic Law, analyzing TRIPS.and explaining how we should recognize and treat intellectual property international protection and coordination, less concerning the Private International Law (the law of the Conflict of Laws) in intellectual property field, that is due to long-term recognition. The article discusses on the relevant the law of the Conflict of Laws from the irreplaceable function and action of the law of the Conflict of Laws in dealing with foreign intellectual dispute, from the character of intellectual property strict territoristy, intellectual property publicity, the cause of conflict of laws for intellectual property, system of jurisdication of international civil case for intellectual property and application of law for intellectual property. For long, strict territoristy is the reason that intellectual property cannot cause conflict of laws, that has become common recognition in learning field. It should basically be the same as the foreign and domestic legislation and justice. But viewing from the intellectual property international protection and coordination, foreign intellectual property negotiation and relevant dispute treatment, it is easy for us to see the shadow of the interference of the national power; The author, based on the analysis made by the learners of Intellectual Property Law, puts forth that the real cause that blocks conflict of laws for Intellectual Property is the intellectual property connatural and daily increasing public right. Strict localization is just the outer expression of the intellectual property specialty. Only from this point of view, we can understand why intellectual property greatly influences the economic and foreign relations between countries.The main factor causing conflict of laws for Intellectual Property is in the extraterritorial effect of Intellectual Property Law that depends on whether each country recognizes the civil legal status for foreigners and the extraterritorial effect of foreign law. This article, after analyzing the conditions causing conflict of laws for Intellectual Property, taking copyright protection of database for example, carded the relevant theories of conflict of laws for Intellectual Property existence from history and present situation. The author holds that the occurrence of conflict of laws for Intellectual Property is the appearance of strict territoristy demanding coordination with each country's will. Additionally, the development and reform of jurisdiction of international civil case practice also be possible for conflict of laws for Intellectual Property. This article demonstrates the inevitable trend of Intellectual Property Law expanding its extrarritorial effect, along with the development of jurisdication of international civil case of each country with several cases of England-America legal system countries and the continental legal system countries.Appilcation of law is a problem of the law of Conflict of Laws closely after conflict of laws. Intellectual property field cannot be out of the case. The article takes the historical theory and legislation of France as example, explaining the development and evolution of application of law for Intellectual Property to certain degrees. And it analysis the existing four theories and practice about application of law, holding that the application of law of original National Law, Protected Area Law or Query Protection National Law, Right Registration National Law or Action Local Law, comprehensively Law are the selected law and rules for the law of conflict of Laws to solve the application of law of conflicts of laws for intellectual property. The features of the application of law are narrow in scope and superficialness. The article points out in the conclusion, that the public right is the real cause that the intellectual property cannot cause...