Research On Regional Jurisdiction Of Network Intellectual Property Infringement Cases

With the development of network technology,it brings great convenience to the social economy and people’s life.At the same time,it also produces some corresponding problems.As the location of cyberspace is difficult to determine,and the intangible characteristics of the intellectual property object itself,it brings challenges to the regional jurisdiction of network intellectual property infringement cases.Through the idea of "finding problems,analyzing problems and solving problems",this paper will first look for the problems in judicial practice,and then analyze the reasons for the differences of opinions of courts around the country,and finally give solutions.Start from the present judicial practice,through Beijing,Zhejiang,Shanghai and Jiangsu court judicial referee briefly combing network under the jurisdiction of the regional intellectual property infringement in connection with the condition of different sentence,summed up the two kinds of different sentenced to connection with the case,are "information network tort" accredited inconsistent judgments and "network shopping receiving" whether can be used as the jurisdiction of the sentence.In judicial practice,there are three main reasons for the inconsistency of jurisdiction in network intellectual property infringement cases.First,the provisions of relevant legal documents are vague and conflicted.Through further analysis,the author believes that the application order of relevant provisions should be determined by using the conflict resolution rules of legal norms.Second,the court of related concepts to understand the problems,including the "sales","information network tort"and other words of understanding differences as well as to the nature of the"receiving" recognition of the differences,discussion,think that the meaning of the word for "sales" should be around intellectual property is a kind of exclusive rights"thought to explain,that once the conclusion of the contract between two parties,"sales "this behavior immediately achievement;As for the scope of "information network tort",it should be considered that only when the network becomes the carrier on which the intellectual property object is attached can the act be constituted.For the issue of whether "online shopping receiving place" can have jurisdiction,according to the interpretation of the word "sales",the relationship between contract and infringement cases,it should be denied that it has jurisdiction.Third,the development of the network has an impact on the existing jurisdiction system.For example,the unknown information of the infringer in the network makes it difficult for the plaintiff to apply the principle of the defendant,and the concealment of intellectual property infringement makes it difficult to find the jurisdiction connection point.In order to further improve the territorial jurisdiction system of intellectual property infringement cases in China,after firstly discussing the meaning of laws and regulations by using the conflict resolution rules of legal rules,the effectiveness of the interpretation should be clarified directly in the relevant judicial interpretations.Secondly,it is clear in the judicial interpretation that the tort is established when the contract is established,and it is clear that only when the network becomes the carrier on which the intellectual property object is attached can it constitute the information network tort,and the place of receiving goods should not be identified as the place of tort.Finally,as to how to solve the problem of the impact of network development on the existing jurisdiction system,this paper proposes to establish the information disclosure system of network platform and the online dispute resolution mechanism of online intellectual property infringement,so as to facilitate the infringed to protect the rights and interests.