China The Foreign Intellectual Property Law Applicable Legislation Research

The formulation of < The Law of the Application of Law for Foreign-related Civil Relations > is a huge improvement in the construction of our law system ,which will exert positive impacts all over the world."The law of the application of law for foreign-related intellectual property rights"is one of the most important parts of it, which concerns many aspects such as foreign-related civil subject, foreign-related succession, foreign-related claims. As it has close connection with the General Rules part, it reflects its especially important status in < The Law of the Application of Law for Foreign-related Civil Relations >.After private international law legislators and scholars incorporate contemporary advanced academic achievement, absorb advanced legislative experiences all around the world, and analyze our 30-year's legislation as well as judicial practice ,< The Law of the Application of Law for Foreign-related Civil Relations > finally comes out . It has a certain advanced and inclusive quality, which means our country has developed from conservative status to top level of the legislation of the application of law for foreign-related intellectual property rights in the world. Allowing for the need of application of law for foreign-related intellectual property rights and referring to related rules in private international law of developed countries,"the law of the application of law for foreign-related intellectual property rights"still lacks contents which are related to practical work. Those have to perform in the later legislation to revise. Generally speaking, this paper has adopted methods of historical, comparative study and interpretation of law. Starting from combing this law's background and foreign-related intellectual property rights'protection in China and abroad, this paper then summarizes the legislative view of new-announced law. Comparing new rules with other country's practice, this paper analyzes legislative characteristics point by point and tells the successes and flaws of legislation. Finally, this paper puts forward thoughts so as to perfect the law of the application of law for foreign-related intellectual property rights.