On The Issues Of Foreign Intellectual Property Law Application

With the rapid development of our society, international exchanges and cooperation of intellectual property has become an important means of communication in scientific, cultural achievements of human civilization. Intellectual property rights became an important kind of wealth in the international trade gradually. In recent years, the international intellectual property disputes increase frequently and it greatly affect the smooth development of the intellectual property right trade. Besides, in dealing with the conflict of foreign intellectual property law, problems have arisen in the international treaties, and international scholars and people in the practice refocus on solution of conflict law, and obtain a small achievement. In 2007, the American law institute adopted the ALI Principle.In 2010, the “Waseda Group” drafted a similar principle. Among them, the latest research achievements of transnational intellectual property disputes is that Germany’s Max Planck institute completed the CLIP Principle in 2011.These new IP rights principles of private international law exist only as a demonstration method, and currently do not have legal effect. However, they still have a certain guiding significance for legislation and judicial practice work of foreign-related intellectual property disputes. The law of our country is complex and relevant foreign intellectual property law is scattered. Although the Law of Law Application of Foreign Civil Relations, coming into force from April 1st in 2011,makes up the blank to a certain extent, and compared with the legislation level of the international community, there are still many deficiencies. Therefore, researching on the current legislation and practice situation of the multinational countries and the international community of intellectual property rights disputes’ applicable laws, and combined with the specific situation in our country for comparative analysis, I think it will be useful.This paper discusses from the following four chapters: The first chapter mainly make an overview of international intellectual property disputes. It concludes briefly introducing the territory of intellectual property and the cause of international IP disputes and the main types of transnational IP disputes. The second chapter introduces the adjustment method of transnational IP disputes and the general rule of legal application to international IP disputes. The third chapter mainly discusses the legal applicability of different types of international IP disputes based on the ALI principles, the principle of Japan and South Korea and the CLIP principles, and analyses condition of foreign IP about application law. The fourth chapter, aiming at problems in legislation and judicial practice of foreign IP disputes in China, learns from advanced international experience and put forward the proposal to make it perfect.