The Research On The Jurisdiction Of Transnational Intellectual Property Tort Litigation

Owing to the territorial character of intellectual property right, each country simply accepted cases concerning its own intellectual property rights without considering those concerning foreign countries' over a long period of time. However, with the development of the science and technology as well as the deepening of the international exchanges, the territorial character of intellectual property right has been broken through. Although the traditional jurisdiction of intellectual property has the leading position, the disordered conflict of domination will emerge if the new problems can not be solved properly. The disharmony and the conflict in laws and economy among different countries will lead to more serious problems. On the basis of the traditional jurisdiction, some American-European countries have reformed the jurisdiction and developed many new doctrines by cases or legislation, which are good for reference and studying.By citing and analyzing a lot of cases, this article is trying to study the systems of jurisdiction for the transnational tort of intellectual property right litigation systematically and deeply by means of comparison, value analysis and case study. The thesis consists of four chapters. Chapter 1 introduces the general theory of jurisdiction of transnational tort litigation. Based on some transnational civil and commercial cases, the emphasis of this part is on the territorial character of the domination rules concerning the traditional intellectual property transnational cases. Chapter 2 deals with the breakthrough for the principles of traditional jurisdiction. This part analyzes the theories and practice on jurisdiction of intellectual property infringement lawsuits in many country of the world, elaborating the breakthrough and development on the proper basis of the jurisdiction in international society. Chapter 3 focuses on the great challenge that the development of the international network brings about and the weakening of the territorial character owing to the shapelessness of the network and the territorial conflict. Chapter 4 analyzes correlative examples and law constructions in our country, some suggestions are made for the legislation of our country on the jurisdiction of intellectual property infringement lawsuits. The conclusion proposes two thoughts for the development of the jurisdiction and generalizes the adoptable model based on the analysis of the legal practice in the western developed countries.