A Study On The Applicable Law Of China 's Foreign - Related Intellectual Property Law

With the fast pace of economic globalization, more and more exchanges and cooperation among countries in the field of intellectual property and more and more frequent, intellectual property legal conflict which caused more and more appear, then, about the how fair and just solution to the conflict with such laws and apply appropriate legal problems, but also by the world more attention. For my country, this stage is undergoing rapid economic development and social transformation stage, with the growth of the entire social and cultural development and people’s spiritual needs, the number of foreign-related IPR cases showed a trend of rapid growth, and China’s relevant legislation and judicial practice there is still a lot to improve the place. Therefore, this paper through history, logic analysis method, the basic theory of the conflict of laws in the field of intellectual property were analyzed by the method of comparison and analysis, the difference between China and the legislation and judicial practice concerning the application of the foreign-related intellectual property laws of countries analyzed to try to put forward some reasonable opinions and suggestions on China.This paper describes an overview of foreign intellectual property laws conflict, foreign-related intellectual property laws in conflict resolution-applicable law, intellectual property law applicable to foreign issues of judicial practice of China’s relevant legislation and judicial practice, the contents of four parts of the proposal, the main attempt Comparative analysis of similarities and differences of the legislation and judicial practice in Japan, South Korea, the United States, Europe, foreign-related intellectual property law applicable aspects.Chapter 1 of this article describes the main causes of conflict of laws of foreign intellectual property rights and the performance characteristics and the impact on the applicable law. Chapter 2 describes the main foreign-related intellectual property laws of the applicable laws and regulations related to the conflict, "the principle of intellectual property rights of private international law", "CLIP Principles" and "ALI Principles." Chapter 3 describes the main judicial practice on foreign intellectual property laws applicable aspects. Chapter 4 presents the face of some reasonable opinions and suggestions from the legislative and judicial and professional constituents.