On The Recognition And Enforcement Of Foreign Judgments Concerning Intellectual Property Rights

In the era of knowledge-based economy,intellectual property rights(IPRs)have been essential to economic activities.With the speeding-up of economic integration and globalization,frequent businesses exchanges among nations,no matter in the field of production or trade,goods or services,have enabled IPRs to flow across national borders in a fast way,leading to large amount of international disputes concerning IPRs.Due to the distinct territoriality,differently legislated IPRs of all nations have caused conflicts in the application of international private law.Recognition and enforcement of foreign judgments is the last but least procedure of international civil litigation.Without the enforcement,parties cannot be legally remedied,which is the reason why all nations are striving for building an integrated framework of dealing with transnational disputes concerning IPRs and allowing the relevant judgments to be recognized and enforced among different nations.With a review,there is no Chinese law or regulation in this area,but since China is and will be involved in the negotiations of relevant international treaties or conventions,it means that studies in this field are quite necessary.This study is to compare and analyze existing international and non-governmental rules to explore the feasibility of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters(the "Convention")and shed some light for China's legislative and judicial practices.The Preamble is about an introduction to the topic,its background and significance.The first part is to illustrate the definition and theoretical bases of this study.The second part is to introduce the international frameworks,including effective and pending international conventions,with the focus on the disparities and amendments in concerned IP clauses of draft Conventions.The third part is to review the major rules and principles set up by non-governmental organizations from multiple aspects,including the scope of application,relevant definitions,the validity of IPRs,the exception of public policy and etc.The fourth part is,on the basis of the foregoing two parts and with China's status quo,to shed some light to the adoption of the Convention.Since the IP clauses in the Convention are consistent with the general practices of international communities,China,as a strong power striving for better rule of law,should improve domestic legal system and at the same give impetus to the negotiations of the Convention.In addition,under certain conditions,foreign judgments concerning IPRs should be recognized and enforced.The creativity of this study lies in the comprehensive review and comparison of both international and on-governmental rules in the topic area,with the analysis of advantages and disparities of all the rules,in a move to fill in the blank in the cross-discipline area of IP and international private law.