Research On The Jurisdiction Of Intellectual Property Infringement Cases In Cross-Border E-Commerce

In recent years,the development of cross-border E-commerce has become an indispensable part of national economy in terms of transaction size and market scope.Because of the virtual cyberspace,the legal system of different countries,especially the principle of territoriality based on the protection of intellectual property,there will be conflicts in the process of determining the jurisdiction about the Cross-border E-commerce intellectual property infringement cases.Extraterritorial practice in Europe,the United States and other developed countries,with the increase in the protection of intellectual property,rise the methods such as "long arm jurisdiction",to break through the traditional jurisdiction system.In comparison,there is no separate law about intellectual property jurisdiction in China,and the litigation of intellectual property is applicable to the relevant provisions of civil procedure laws as well as the relevant departmental law provisions and judicial interpretations.From the legislative provisions and the judicial practice of the relevant cases,although the general still follows the principle of territoriality especially the establishment of a special intellectual property court.This kind of insistence is related to our country's national conditions and social and economic development.However,with the development of Cross-border E-commerce,in order to protect the interests of intellectual property in China,the principle of jurisdiction has a certain breakthrough.On the issue of Cross-border jurisdiction,to consider the intersection of foreign-related,network-related and intellectual property,the author thinks that the principle of "the Most significant relationship" can be adopted in considering whether or not the other connection points are regarded as the tort place."As the judgment standard of the judge's determination;In the settlement of jurisdictional conflicts arising from parallel litigation,it is possible to use the "inconvenient court principle" to refuse jurisdiction,and to ensure that the right of the parties to a conflict of jurisdiction is allowed to be resolved in order to protect the equal status of the litigant,the application of the prior agreement should be strictly restricted,Advocate the ex post agreement between the parties.