| With the development of economy and communication globalization,the cross-border exchange of intellectual property rights has gradually increased,and the free circulation of knowledge products has brought about transnational disputes.Due to the differences in the level of intellectual property development,the degree of protection and the appeal of interests in various countries,legal conflicts in the field of intellectual property rights are becoming more and more prominent.At present,most countries in the world have successively enacted rules on intellectual property conflict laws to resolve conflicts of law in transnational intellectual property disputes.In 2011,China also implemented Law of the Application of Law for Foreign-related Civil Relations,which stipulated the law applicable to foreign-related intellectual property disputes.China attaches great importance to the legal protection of intellectual property rights,but foreign-related intellectual property disputes still occur from time to time,among which foreign-related intellectual property rights infringement disputes are particularly frequent.This paper takes foreign-related intellectual property rights infringement disputes as the starting point,studies the legal application of foreign-related intellectual property rights infringement disputes,and puts forward suggestions for the improvement of China’s current legislation to promote the further development of China’s foreign-related intellectual property rights infringement legislation and juridical practice.In addition to the introduction and conclusion,this article is divided into three chapters.The first chapter expounds the status quo of legislation and juridical practice of the application of the law of China’s foreign-related intellectual property rights infringement,introduces the relevant provisions of China’s current legislation,and conducts empirical research on foreign-related patent infringement cases tried by Chinese courts to further analyze the problem of judicial practice in China.The second chapter introduces the relevant legislation of international private law in other countries and regions,and combines the latest development of the current law application rules of foreign-related intellectual property infringement.Through the comparative law research,the current international law application rules on foreign-related intellectual property infringement is studied.The third chapter puts forward some suggestions for improving the legislation applicable to foreign-related intellectual property infringement in China. |
