Study On The Conflict Of Jurisdiction Of Foreign-related Intellectual Property Dispute

Jurisdiction conflicts involving foreign-related intellectual property disputes include positive conflicts and negative conflicts.As the strategic position of intellectual property rights in the country's development continues to improve,countries begin to rethink and modify their domestic foreign-related intellectual property jurisdiction rules to expand their own disputes in this category.As a result,active conflicts have increased significantly.This article divides foreign-related intellectual property disputes into three categories,namely,foreign-related intellectual property disputes,foreign-related intellectual property contract disputes,and foreign-related intellectual property infringement disputes.Most countries believe that disputes concerning the validity of foreign-related intellectual property rights belong to the exclusive jurisdiction of a country,and therefore there are fewer jurisdictional conflicts.However,some countries such as Japan and the United States believe that when the validity issue is a prerequisite for other disputes,the litigation purpose of the parties should be considered comprehensively.And the nature of the litigation is timely,but the judgment on validity in the judgment only takes effect between the parties.Countries often adopt general jurisdiction,special jurisdiction and agreement jurisdiction to govern foreign-related intellectual property contract disputes.The agreement jurisdiction system can well solve the jurisdiction conflict caused by foreign-related intellectual property contract disputes,but not all parties to contract disputes will enter into a jurisdiction agreement.At this time,each country determines the attribution of jurisdiction through special jurisdiction.The jurisdiction of foreign-related intellectual property rights infringement disputes is determined by the special jurisdiction rules,but the judgment of the place of infringement is too complicated so that jurisdiction conflicts are prone to occur.Countries gradually adopt the long-arm jurisdiction rules,the inconvenience of the court principle,or allow such Disputes are governed by agreement and other methods to further clarify jurisdiction and avoid conflicts of jurisdiction.After summarizing the regulations and judicial practice of different countries regarding the resolution of jurisdiction conflicts of various types of disputes,combined with China's actual national conditions,the author believes that China should also make provisions on jurisdiction conflicts of different types of foreign-related intellectual property disputes: first,when it comes to the effectiveness of foreign-related intellectual property rights On the issue of jurisdictional conflicts over sexual disputes,our country classifies such litigation as administrative litigation.When the parties use the validity issue as a defense reason for other types of disputes,our country places the right of judgment to the judge's choice.This is extremely subjective.At this time,you can refer to the practices of the United States and Japan to make a timely judgment.Secondly,in the jurisdiction conflict of foreign-related intellectual property contract disputes,my country is the same as most countries,but my country is relatively strict in terms of the jurisdiction of the agreement,so the restrictions on the jurisdiction of the agreement can be appropriately relaxed.China's foreign-related intellectual property infringement disputes continue to increase with the increase in trade with other countries.Therefore,a more reasonable definition of the courts of jurisdiction for such disputes and resolution of conflicts requires China to further relax the jurisdiction of such disputes and consider increasing the jurisdiction of agreements.In order to resolve such conflicts,at the same time make further provisions on how to define the infringement.Finally,my country can better protect the rights and interests of my country and its citizens by establishing a regional intellectual property rights protection system,popularizing intellectual property knowledge,and improving legal provisions.