Conflict And Response Of Extraterritorial Jurisdiction In Foreign-related Intellectual Property Litigation

As a strategic resource for national innovation and development,intellectual property has natural public policy.Under the tide of globalization,intellectual property rights not only have market offensive and defensive value in international trade,but also become the core element for countries to participate in international scientific and technological competition.Therefore,international disputes caused by intellectual property rights are increasing,and transnational intellectual property litigation has become an important means to solve international disputes over intellectual property rights.However,a transnational intellectual property lawsuit may often touch the laws of multiple sovereign countries and be governed and tried by the courts of multiple countries at the same time.As the pre procedure of litigation,the determination of jurisdiction is of key significance for the promotion and trend of litigation and the recognition and execution of future judgments.Therefore,the courts of all countries tend to exercise extraterritorial jurisdiction over foreign-related intellectual property litigation involving their own interests or exclude extraterritorial jurisdiction over litigation that has little to do with their own interests,resulting in the conflict of extraterritorial jurisdiction and many problems,such as the waste of judicial resources,the tension of international relations,the deadlock of disputes and so on.How to deal with and coordinate the conflict of extraterritorial jurisdiction in foreign-related intellectual property litigation has also become an important issue related to the international protection and international governance of intellectual property.For this purpose,this thesis takes the conflict of extraterritorial jurisdiction in China’s foreign-related intellectual property litigation as the research object,and carries out the research from four parts.The first part is an overview of the conflict of extraterritorial jurisdiction of foreign-related intellectual property litigation.By limiting the connotation of extraterritorial jurisdiction and the scope of foreign-related intellectual property litigation,the scope of this thesis is framed as the conflict of jurisdiction of intellectual property litigation with extraterritorial factors,excluding the conflict of the application of substantive law,Combined with the two manifestations of the conflict of extraterritorial jurisdiction in foreign-related intellectual property litigation,this thesis analyzes the various reasons behind the conflict layer by layer.The second part analyzes a series of problems in China’s legislation and judicial practice,such as the vague scope of extraterritorial jurisdiction,the imperfect coordination mechanism of extraterritorial jurisdiction conflict and the lack of jurisdiction conflict norms,It also points out the conflict risk and the negative impact on Chinese enterprises and countries,and explains the urgency and necessity for China to deal with the extraterritorial jurisdiction conflict of foreign-related intellectual property litigation.The third part introduces the legislative and practical experience of the international community in dealing with and coordinating the conflict of extraterritorial jurisdiction in foreign-related intellectual property litigation.From the United States to the European Union and then to international organizations,they represent different conflict response modes at the national level,regional level and cross regional level.From the micro level,there are great differences between the specific provisions of different response modes,However,from the macro level,national response,regional cooperation and cross regional coordination are actually an expanding process of conflict response and coordination.Although the methods adopted and the difficulty of achieving the goals are different,the ultimate goals are the same.Conflict response models at all levels have their functions and functions,which is of great benefit to China to learn from relevant experience and improve relevant systems.The fourth part is to provide legislative and institutional improvement suggestions for China to deal with the extraterritorial jurisdiction conflict of foreign-related intellectual property rights according to the problems existing in China’s legislation and practice and referring to the conflict response experience of the international community.From the three aspects of principle guidance,system improvement and international cooperation,take the principle of international comity,the principle of the closest link and the principle of interest balance as the guiding principles for China to deal with the extraterritorial jurisdiction conflict of foreign-related intellectual property litigation.Under the guidance of this principle,we should improve the defects of relevant systems in China,clarify the scope of extraterritorial jurisdiction of Chinese courts in foreign-related intellectual property litigation,improve China’s Extraterritorial Jurisdiction Conflict Resolution mechanism,and formulate norms on jurisdiction conflict in the field of intellectual property.At the same time,we will carry out online mutual legal assistance projects in the field of intellectual property at the international level,promote the conclusion of relevant regional or international treaties in the field of civil and commercial affairs or intellectual property,establish an alternative dispute resolution mechanism dedicated to dealing with international intellectual property disputes,enhance China’s ability to deal with conflicts of jurisdiction outside the region,and improve China’s influence and voice in the international community,Ensure China’s participation in building a new order of transnational protection of intellectual property rights.