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

With the advancement of economic globalization,cross-border exchanges of intellectual property rights(IPRs)have become more frequent,and cross-border civil and commercial disputes over IPRs have increased dramatically.Since the day of its creation,intellectual property rights have had distinct territorial and regional characteristics.In the early stage,intellectual property were only protected by the laws of the countries of the IPRs holders,so they had little connection with private international law.Judges also do not need to pay more attention to the rules of private international law when trying intellectual property cases.In the era of knowledge-based economy,with regard to the international protection of IPRs,many international conventions protect it in substantive law.It is worth noting that different country has different substantive law,the provisions on the acquisition,effectiveness and term of protection of IPRs is different also,so the international disputes over IPRs have not been truly resolved.The international association and various legal organizations have made attempts to construct the system for the recognition and enforcement of foreign intellectual property judgments.In contrast,China has a large gap in legislation and judiciary in the field of private international law of IPRs.In the international civil procedure,the recognition and enforcement of judgment is one of the most important links,because the recognition and enforcement of judgment is not only related to realize the parties' legitimate rights and interests,but also related to the realization of a country's judicial power.In the field of the recognition and enforcement of foreign judgments,the cross-border movement of intellectual property judgments is of great significance to the protection of IPRs holders.The formulation of legal framework of private international law of intellectual property conforms to the world trend.It is a reasonable way to protect the independent innovation of intellectual property rights and the legitimate interests of intellectual property owners in China,by studying the advanced international private law protection system of IPRs abroad and formulating the foreign judgment recognition and enforcement rules in China.This article is divided into four parts to conducts a special study on the recognition and enforcement of foreign intellectual property judgments.The first part is the study of the conflicts of basic theories,and explores the underlying reasons whyintellectual property judgment have not been recognized and enforced by many countries.Territoriality is the basic feature of intellectual property.Although there seems to be a fundamental conflict between territoriality and the recognition and enforcement of judgment,through systematic analysis of territoriality and the basic theories of them,territoriality provides an opportunity for intellectual property to be protected by conflict of laws.The prolonged conflict between IPRs and the conflict law is the result of many factors,and the real obstacle comes from the principle of international sovereignty and the principle of national interests,so as to providing a theoretical basis for the recognition and enforcement of intellectual property judgment.The second part is about the legislative development of the recognition and enforcement of intellectual property judgments,using comparative methods to analyze the recognition and enforcement of intellectual property judgments provisions in international conventions and civil legislation.Comprehensive analysis of the status and laws of the recognition and enforcement of foreign intellectual property judgments,and deep understanding of relevant international legislation.The third part analyzes the impact of different types of intellectual property judgments on the recognition and enforcement of judgment,it is mainly divided into the lawsuit of confirming the right,the lawsuit of infringement and the lawsuit of contract,whether the different type of intellectual property lawsuit can be recognized and enforced is not the same.We should not only see the differences,but also investigate the reasons behind them.Based on this,how should China treat different types of intellectual property judgments? The fourth part is about the enlightenment of the recognition and enforcement of intellectual property judgments to China.Based on the current situation of legislation and judicature in China,this paper explores the possibility of the recognition and enforcement of foreign intellectual property judgments in China and the necessity of improving relevant legislation in China.