| Territoriality and extraterritorial effects of copyright have always been terms of ambiguity.In the private international law realm,there has been less scrutiny on the intellectual property rights including copyright.It is essential to have a better understanding of doctrine of territoriality and extraterritorial effects of copyright,in order to perfect the copyright global protection system.This paper aims to describe the specific meaning of doctrine of territoriality,through the comparative analysis and consulting the reference.On that basis,it proposes to improve the mechanism of choice of copyright law.This paper includes three main parts.The first part devotes to define the doctrine of territoriality,outline the factors that have impact on the territoriality and how the territoriality reflects in the legal system.Then it focuses on the function of doctrine of territoriality in the copyright realm.The second part devotes to discuss the extraterritorial effects of copyright law.Firstly,it explains that extraterritorial effects are virtual ones.Secondly,it clears the relationships among these three concepts:doctrine of territoriality,extraterritorial effects and exclusive jurisdiction.Thirdly,it discusses the existence of conflicts of copyright laws, keeping an eye on the Berne Convention.The third part devotes to discuss the mechanism of choice of copyright law.The mechanism of choice of law includes conflict rules and interpretation of those rules.To set ideal conflict rules,this part discusses the different functions of the connecting factors,including "the country where the protection is claimed" and "country of origin",which was set by the Berne Convention.To apply those ideal conflict rules to a specific case precisely,judges should be aware the common orientation of copyright laws among different countries,and use the method of interest analysis to keep the balance.Finally,this paper introduces some advice to improve the mechanism of choice of copyright law in China.
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