Research On The Extraterritorial Recognition And Enforcement Rules Of Intellectual Property Validity Judgments

With the cross-border exchanges of science and technology and the rapid development of the Internet,the circulation of intellectual achievements has led to the frequent occurrence of intellectual property cases.Different countries’ protection of intellectual property rights has also led to the constant emergence of legislative and judicial conflicts.The validity of intellectual property rights as the basic problem will not only appear in the judgment with intellectual property rights as the object of dispute,but also appear in the preconditions of infringement,contract and other cases.Due to the regional characteristics of intellectual property,national sovereignty will be involved in the recognition and implementation of the judgment.However,if the principle of sovereignty is blindly adhered to,it will be detrimental to the protection of the legitimate rights and interests of the subject of private law.In order to maintain the sovereign equality and independence of each country and save the litigation cost of the subject of private law,the international community is actively discussing and negotiating the solution of this issue.This paper summarizes the mainstream views of the international community on the resolution of this issue by comparing the existing national practices,international rules and the provisions on the extraterritorial recognition and enforcement of the effective judgment ofintellectual property in the "soft law".With the development of the "One Belt One Road" policy,China has begun to adopt a more open attitude towards the issue of recognition and implementation.Clarifying and studying these views can enable China to take a more active position in the formulation of international rules in the future.This paper includes introduction,text and conclusion,among which,the text is composed of the following parts:First of all,the judgment of the validity of intellectual property is divided into the judgment of the validity of intellectual property as the subject matter of the dispute and the judgment as the pre-determined issue.This paper analyzes the characteristics of intellectual property rights,which lead to extraterritorial recognition and enforcement of intellectual property validity judgments,not only in accordance with the general rules of recognition and enforcement of civil judgments,but also with special provisions,as well as the current recognition and enforcement of intellectual property validity judgments,the practice of various countries and related international rules are introduced.Secondly,this paper summarizes and analyzes the general rules for the recognition and enforcement of foreign intellectual property validity judgments.Since intellectual property rights belong to civil rights,the recognition and execution of relevant judgments should first conform to the principles of recognition and execution of general civil judgments.Only when the judgment does not have the right to refuse recognition and execution can the judgmentfurther consider whether it meets the specific conditions stipulated for the validity judgment of intellectual property rights.Then it summarizes the specific provisions of the international rules on the recognition and enforcement of judgment when the validity of intellectual property rights is the object of litigation and the preconditions.It also analyzes the legal consequences of recognition and enforcement as the object of action,and the world validity of its determination as a preliminary question.Finally,the influence of the international mainstream view on China is analyzed.It also summarizes the current situation of our legislation and judicature,and finally puts forward some Suggestions on our legislation.