Research On The Law Application Of International Intellectual Property

With the development of global economy and knowledge economy, the importance of intellectual property rights has gotten more and more attention from nations. Traditional intellectual property rights have a strict regional restriction. In theory, most nations are only to recognize and to protect the intellectual property rights which they have granted. So the application of intellectual property law there is nothing. However, with the development and progress of society and increasingly frequent exchanges of cultural, science and technology, the scope of intellectual property is becoming broader and broader. While it's theoretical foundation is also undergoing profound changes. The fields of international intellectual property rights have an increasing number of indirect law applications of foreign-related intellectual property rights applicable law of conflict of laws, but also emerged a large number of adjusting the international intellectual property laws conflict with the international conventions. This thesis will focus on the basic theory of the international intellectual property's law application, introduce the unification of substantive law on related intellectual property rights protection. And review the United Kingdom, the United States and South Korea IP Law legislative status to the conflict for the Intellectual Property Law in the view of providing a useful reference to our country's applicable legislation. This thesis is total divided into four parts to describe international intellectual property laws applicable questions.The first chapter is an overview of the international intellectual property law application and mainly analyses the concepts of the international intellectual property rights, intellectual property law conflict, intellectual property law application and other; introduced the classification of traditional intellectual property law application. Pointed out that because of this distinctive regional characteristic of the international intellectual property, intellectual property law application in the field of private international law is mainly the law of the land where it is registered or source from, but not limited to this.In the second chapter is to describe some International conventions which adjust intellectual property law conflict s in the field of International private law. As in the field of intellectual property, there are no uniform conflict laws, this thesis therefore introduces the "Paris Convention for the Protection of Industrial Property", "Berne Convention for the Protection of Literary and Artistic Works" and "Agreement on Trade-Related Intellectual Property Rights" under the framework of WTO. The substantive emergence of international harmonization laws has provided a useful help and information to the unity of intellectual property in international private law for all member countries. The principles of national treatment, independent protection and most-favored they have established widen the scope of the international intellectual property law application and actively promote the development of international intellectual property.The third chapter of the thesis discusses the foreign intellectual property law issues for reference to China. Mainly introduces the United Kingdom, the United States and South Korea domestic legislation in copyright, trademark, patent and other intellectual property laws apply to the legislative status quo, and issue a brief assessment of them. Because the national conditions of different aspects, in intellectual property laws apply to these three countries have different legislation, and have their own characteristics. In the end, borrowing in foreign intellectual property laws apply to advanced experience of the subject, the thesis describes China's current laws and regulations of copyright, trademark, patent law applies to the field of general provisions and the application of China's foreign-related intellectual property law legislation in China.This chapter mainly from the "Civil Code (Draft)" IX and the "Model Law on International Private Law" in the relevant provisions of applicable intellectual property law point of view, put forward a sound intellectual property law in China as well as recommendations for legislative measures. In today's rapidly changing knowledge economy, improve the legal application of private international law of intellectual property legislation to fill gaps in the domestic and international private law legislation in order to resolve the conflict rules applicable to our intellectual property conflicts with other countries on intellectual property rights cause in China with very real incentives and protection and urgent strategic significance, which is the purpose of this thesis lies.