Research On Juirsdiction And The Applicable Law To Foreign Intellectual Property Infringement Cases

In recent years, with the rapid development of economic globalization and thedeepening of Internet technology, cross-border flow of intellectual property graduallyaccelerated, but in the process of cross-border flow of intellectual property,intellectual property disputes on more and more frequent, and thus lead to atheoretical industry sector to explore and practice of foreign intellectual propertyrights protection, and this one jurisdiction and applicable law to become one of thefocal point, because of jurisdiction and applicable law related to jurisdiction andlegislative jurisdiction of a State, and therefore subject to national legislation andinternational Convention of extra attention, and research of all this is our premise ofintellectual property must have a clear regional, comprehensive knowledge specific tothe jurisdiction and laws applicable in the jurisdiction of the applicable principles isthe principle of territorial and regional laws. The principle of territorial jurisdiction ofwhich can be divided into the principles and the principles of territorial jurisdiction ofthe regional administrative jurisdiction, research article on jurisdiction mainlyterritorial jurisdiction in principle, in practice, mainly for the exclusive jurisdiction.Due to the existence of regional, foreign field of intellectual property law haslong been considered a conflict for him, but with the transnational intellectualproperty infringement disputes continue to emerge, tort exhibited by the complexityand variety of forcing countries is an urgent need to strengthen judicial cooperationbetween the while under the exclusive jurisdiction of the regional framework isgreatly limited the protection of intellectual property, if the court grants the exclusivejurisdiction of the tort liability, the theory has aroused great controversy, to sort outthe many perspectives, are divided into: exclusive jurisdiction and exclusivejurisdiction in favor of the opposition. Due to the exclusive jurisdiction of theone-sided understanding of intellectual property rights for the regional territory,emphasizing the absolute same legislative jurisdiction and jurisdiction, thus bringingthe concept of absolute sovereignty; in addition to the exclusive jurisdiction conferredon the intellectual property rights advocates have exclusive jurisdiction over the validity Court to exercise exclusive jurisdiction of intellectual property infringementview is questionable, after all, the effectiveness of general jurisdiction of copyrighthas been recognized more and more people, and therefore out of the question becauseof the effectiveness of copyright infringement are entitled to the exclusive jurisdictionand exclusive jurisdiction of the problem, in addition to exclusive jurisdiction itself,there are many inherent contradictions; and the exclusive jurisdiction of a special typeof object that will be foreign intellectual property cases as a general foreign-relatedcivil and commercial cases, and thus the method of conflict of laws were establishedjurisdiction, has certain advantages, but there are also ignored IPR infringement casesinvolving foreign particularity problem, it is necessary for the characteristics offoreign-related intellectual property rights infringement, the traditional rules ofjurisdiction in civil and commercial tort cases appropriate adjustments in view of thisI do not think the court should grant the foreign IPR infringement cases exclusivejurisdiction. ROC, there is no specific legislation on foreign jurisdiction overintellectual property cases, the practice is also more to "Civil Law" and the SupremePeople’s Court issued the relevant judicial interpretation to determine the jurisdictionof foreign intellectual property rights infringement cases, it should be said that ChinaIn dealing with foreign jurisdiction IPR infringement cases, to better comply with therelevant Chinese laws and judicial interpretations spirit, there can also apply improperjurisdiction over the issue, so I recommend you learn from the Swiss PrivateInternational Law in the next legislative model legislation increased jurisdiction onforeign intellectual property provisions in the "Civil Law" and "foreign-related civilrelations law applicable law," while explicitly defendant domiciled in a jurisdiction indetermining the priority, combined with specific practical cases, the flexibility todetermine jurisdiction achieve effective relief to the right.As regards the application of foreign laws and intellectual property infringementcases, through the introduction of tort law applies general principles and rules,including the law of tort. Law of the forum, the most closely related principles andthe principles of party autonomy, come tort law of priority in determining jurisdictionin tort cases and appropriate, while concerned about the most closely relatedprinciples and the principle of party autonomy in the field of tort new developments and important position. The author of the introduction of the "foreign-related civilrelations law applicable law" as the subject, combined with actual cases demonstrateits application in practice, consider the law of the requested protection is appropriatein most cases, but when violations occur when foreign country should be combined,such as party autonomy, most closely related to other legal principles applicableprinciples applied flexibly to ensure accurate application of the law and the decisionto admit and smooth execution.In this paper, theoretical analysis and empirical case Combination discussed theissue of jurisdiction and the law applicable to foreign-related IPR infringement cases,described in this paper hopes to be able to elevate the level of intellectual propertyprotection of our foreign contribute.