The New Development Of Intellectual Property Law Applicable Methods

With the development of economy, especially the promotion of economicglobalization, international cultural and scientific and technological exchangeshave become increasingly frequent, intellectual property rights has graduallybecome an important asset in international trade. Countries provide protectionfor the intellectual property not only through domestic legislation but alsothrough international treaties. However, due to the growing number ofcross-border intellectual property rights infringement cases, the shortcomingsof such conventions in addressing intellectual property law conflicts, peoplebegan to refocus on solution and innovation conflict of laws. In2007, theAmerican law institute adopted the ALI Principles. In2010, the ‘Wasedagroup’ drafted the principles of private international law on IP rights. Parallel tothe ALI initiative, the Max Planck Institute initiated a project called ‘CLIP’(European Max Planck working group for conflict of laws in intellectualproperty), the group finished Principles for Conflict of Laws in IntellectualProperty in2011. Although these principles are not legally binding, they cangive forums in various countries a model and references. This paper is toillustrate the development of private international law protection forinternational intellectual property on the basis of the three principles.The first part of the paper is an overview of the current situation of theinternational protection of IP rights. Author elaborates the protection for IPrights from two aspects: the unified substantive law and the conflict-of-lawsrules, and analysis the shortcomings of uniform substantive law of intellectualproperty rights protection and the rise of the protection provided by conflict oflaws.The second part to the fifth part is the main part of this article, elaboratingseveral problems such as the protection of intellectual property itself,infringement, transferability and licensing contracts, as well as security rights,and discovers the development of the private international law protection for IP rights protection.The sixth part discusses what China should learn from the three principles oninternational intellectual property protection and give some advices about theproblem.