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Study On Intellectual Property Litigation Jurisdictional Issues Of Cross-border E-commerce

Posted on:2017-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:D CaoFull Text:PDF
GTID:2296330488965058Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The rapid rise of cross-border e-commerce in recent years has attracted wide attention around the world. Cross-border e-commerce has unbounded, virtual, interactive and other characteristics, which makes it different from the general foreign-related civil litigation and will challenge the traditional standards of the International Civil Procedure Jurisdiction. At present, our cross-border e-commerce is in a stage of rapid development and more than half of the civil actions in the field of electronic commerce in recent years involve intellectual property. Determining jurisdiction is the prerequisite for the smooth conduct of the proceedings, so it is necessary to establish the jurisdiction standard of the IP litigation in the field of cross-border e-commerce.This paper analyzes the characteristics of cross-border e-commerce lawsuits, points out the applicable dilemma of the traditional jurisdiction and legislative and judicial status and shortcomings of the IP litigation in the field of cross-border e-commerce. And then through the presentation and analysis of e-commerce Jurisdiction over foreign content of the new theory and foreign legislation and judicial practice, such as the United States, the European Union and international organizations’ legislative experience, this paper sums up to determine the cross-border e-commerce jurisdiction IP litigation factors need to be considered. At last, this paper puts forward the specific ideas for the legislation on jurisdiction of foreign electronic commerce combined with the specific national conditions of our country.
Keywords/Search Tags:Cross-border e-commerce, Intellectual property, Jurisdiction, regionalism
PDF Full Text Request
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