Research On The Law Of Requested Protection Of Lands In China's Foreign-related Intellectual Property Infringement Cases

Nowadays,there are many different theories on the application of the law concerning intellectual property infringement.They are the law of the origin of rights,laws of the place where protection is claimed,lex loci delicti and lex fori.Although each law application rule has its own advantages and disadvantages,under the circumstance that the litigant did not chose lex fori,China decides to apply laws of the place where protection is claimed to the foreign-related intellectual property infringement cases in the Law of the People's Republic of China on Application of Laws to Foreign-Related Civil Relations.This decision was learned from foreign relevant legislation experience,which also conforms to the regional characteristics of intellectual property,respects the choices of the litigant,and is also conducive to strengthening the international community's consistency in the protection of intellectual property rights.However,the semantic ambiguity of the "laws of the place where protection is claimed" has led our courts to treat them simply as other applicable law in the trial process.Furthermore,there is no specific definition through the academia.This has led to problems of truth disorder and errors in logic in legal application of foreign-related intellectual property infringement cases in China's judicial practice.This indeed increases the risk of Chinese courts' application of laws that are not closely linked in the trial of foreign-related IP infringement cases and errors in the trial results.Therefore,to prevent problems that arise in the application of the " laws of the place where protection is claimed",it has a great significance to set up Terms of Use of the " laws of the place where protection is claimed " and regulate the theoretical process.At the same time,due to the complexity of intellectual property rights,the classification of the meaning of “the place where protection is claimed” should be refined,and foreign legal concepts should be properly absorbed,and the principle of closest connection should be applied to ensure the fairness and reasonableness of the legal trial results in China.To achieve the purpose of strengthening the protection of intellectual property rights and enhancing China's judicial image.