On The Jurisdiction Of Intellectual Property Right Disputes In International Private Law

As we all know, because of the regionalism of intellectual property right (referred as"IPR"below), the theory and practice of the private international law, without international conventions and bilateral mutual agreement, indicate that only the court where the property registers has the jurisdiction on the IPR disputes. The court has no jurisdiction on the IPR disputes which registered in other nations, it causes lots of conflicts of jurisdiction.With the development of the internationalization of the IPR, the protection of the IPR goes into from national to international, also form bilateral to a multilateral process. The strict regionalism character has been gradually weakening with the creation and development of international coordination system even a breakthrough.The limitation of the regional jurisdiction principle becomes more and more obvious, and insisting on the principle will make the protection of IPR in a disadvantageous way. Based on the limitation, many countries, particularly in the developed countries which are in the ascendancy of technology and trade, practice a lot in the breakthrough of the regional jurisdiction, and abundance of practice comes out.With bond of the international economic and trade, strict regionalism has been gradually weakening in a limited scope. The Intellectual property law also has the extraterritorial effect as other civil legislations do. On the other hand, the disputes on the IPR also come out with this tendency. And the conflicts of jurisdiction inevitably come out without the bilateral agreements and conventions. Therefore, how to settle down the transnational jurisdiction conflicts has become the question which the theory and practice focus on.This paper has a deep discussion on the worldwide legislation and practice of private international law on the IPR jurisdiction and it divides into 6 chapters. The first two chapters make a state on the characters of the IPR and the causes of the jurisdictional disputes; the third chapter has a description on the jurisdiction rules. The forth chapter is the key chapter, it indicates the application of the jurisdictional rules on the specific cases. It classifies the cases into three categories: the first category is validity and ownership dispute, emphasizing the creation, validity and ownership of IPR; the second category is contract dispute, emphasizing the license and assignment of IPR; the third category is infringement dispute, emphasizing the jurisdiction when the right is infringed. This chapter has a deep analysis on the practice and legislation on the jurisdiction of different disputes worldwide. The fifth chapter makes a description on the tendency and principles of the jurisdictional rules. The tendency and principle on the practice and legislation on the jurisdiction in different countries is very important to the legislation in China. The sixth chapter makes a description on the current IPR system of jurisdiction in China and proposes for the structure of the Chinese IPR jurisdictional rules.The problem on the international theory and practice of the conflicts of jurisdiction will lead to the legislation of China. China's IPR legislation system is lack of integrity, I hope the practice and legislation in other countries may become a good reference for the legislation of China.