Research On IPR Infringement In International Science And Technology Cooperation

As the globalization of science and technology (S&T) cooperation furthers, infringement of intellectual property right (IPR) in S&T cooperation emerges as frequent and diversified phenomena. This dissertation discusses several legal issues on the remedies for infringement based on the characteristics of international S&T cooperation, and advises on tactics to prevent or reduce the risks of infringing IPR in international S&T cooperation.The first chapter introduces the definition, forms, categories and legal basis of international S&T cooperation. The second chapter discusses the forms of and legal liabilities for IPR infringement in international S&T cooperation. IPR infringement in international S&T cooperation includes infringement of patent, copyright, computer software and trade secret. The infringement can be categorized into three types: infringement among the parties, by the parties and by a third party. The infringing party/parties shall bear civil, administrative or criminal liabilities according to law. Because IPR infringement in international S&T cooperation involves foreign elements, proper forum and applicable law should be identified firstly in an infringement lawsuit, which is the subject of the third chapter. In respect of jurisdiction, despite that the principle of exclusive jurisdiction is generally adopted, some new theories have been applied recently. The parties should choose the forum to their most interests. In respect of applicable law, besides the traditional rule of lex loci delicti, the law of the place of the most significant relationship and the law of the place of rights protection have also been adopted under certain circumstances. The forth chapter discusses the remedies for IPR infringement in international S&T cooperation, including civil litigation, administrative procedures, customs measures, criminal penalties and ADR. In an infringement litigation, injunction and compensation for damages are of substantial importance to the parties. The party being sued can invoke defenses such as invalidation of the IPR, challenge of ownership and the research and experimental exemption. Additionally, ADR such as the WIPO Arbitration and Meditation is gaining popularity among the parties of IPR dispute for its unique role in dispute resolution in international S&T cooperation. Lastly, the fifth chapter advises on tactics to prevent or reduce the risks of infringing IPR in international S&T cooperationbased on the characteristics of IPR infringement in international S&T cooperation.