On Legal Conflict And Application Of Intellectual Property Rights

With the development of economic globalization, and the dissemination of information technology, people’s awareness of the social function of intellectual property rights grows with each passing day, the protection of intellectual property rights has become a major part of the multilateral trading system. Intellectual property rights are regional, this is one of the characteristics of the intellectual property rights, but this can not prevent the conflict of law of intellectual property rights,the emerging of International intellectual property rights relations make the conflict of law of intellectual property rights exist, but because many countries since long time only exercise exclusive jurisdiction practice to their own intellectual property rights and because lack of knowledge of international cooperation to create products and lack of the international use of intellectual property and lack of relief practice of international tort long-term obscures the conflict of law of intellectual property right, cause the problem of law the conflict of intellectual property has been ignored for a long time.With China’s accession to the WTO, the voice of international intellectual property requirements is growing louder and louder, intellectual property rights from the strict regional to international, is the result of economic and cultural development of all countries. Therefore, nowadays,China has become participants in many international intellectual property conventions and the member of the WTO, how to treat the conflict of law of intellectual property rights, getting a clear understanding of the inevitability of the existence of conflict law of intellectual property rights, and how to apply law in the situation of conflict. put forward the principle of application of law for the protection of intellectual property rights, it has a very (?) important significance in protecting intellectual property not be violated and in better use of foreign intellectual property rights to serve the local economy development.This paper tries to use the method of historical and logical analysis, make a detailed analysis of basal theories about the relationship between intellectual property and the conflict law.and using comparative analysis method to discuss the difference of European and American intellectual property law system,at the same time, using the literature research method, investigating literature related to the topic, in order to roundly correctly understand and master the problems related to the conflict of law of intellectual property and the application of law.In this paper, using three paits,summary of intellectual property, conflict of laws of intellectual property, and the application of law of intellectual property, make a detailed introduction about the concept, features of intellectual property, private property, the protection of mtellectual property rights and other basic knowledge about intellectual property rights, and through the legal conflict of intellectual property right causes and manifestations, the establishment of civil legal status of foreigners, intellectual property rights strictly regional and its softening and breakthrough, the characteristics of the conflict of law of intellectual property and its influence on the application of law and so on, make a detailed instructions about legal conflict of intellectual property rights from many aspects,finally, about the problem of conflict of law of intellectual property, from the perspective of conflict rules application of intellectual property, make a detailed instruction about ownership, tort,transfer and other legal application problems of intellectual property, in addition,some problems in China’s current intellectual property rights exist in the legislation and legal application aspects are briefly introduced,also puts forward some specific constructive opinions and suggestions.