Research On The Agreement Jurisdiction System Concerning Foreign-related Intellectual Property Disputes

The intersection of intellectual property law and international private law has always been the focus and difficulty of the two university research fields,especially in the international jurisdiction of transnational intellectual property disputes,the application of law and the recognition and enforcement of foreign judgments.The Hague Conference on Private International Law,as the most influential intergovernmental international organization in the development of international private law conventions,has been working to balance and resolve conflicts and conflicts in two major areas.The Convention on Choice of Court Agreements was adopted in 2005 and is planned for 2019.The adoption of the Convention on the Recognition and Enforcement of Foreign Judgments,which is still under development,is adopted.However,due to the high degree of professionalism in the two fields,there seems to be considerable room for improvement for researchers on both sides to take the initiative to understand each other's fields and strengthen communication to resolve differences.Based on the issue of agreement jurisdiction and based on the basic principles of intellectual property law,this paper proposes effective solutions to the current contradictions and conflicts between the two university departments,and approves the Convention on the Choice of Court Agreement and the signing of Foreign Judgment and Recognition for China.Implementation of the Convention,aswell as suggestions for improving the jurisdictional system of foreign-related intellectual property disputes in China.Based on the basic theory of international civil litigation agreement and exclusive jurisdiction,this paper follows the basic principles of intellectual property law,analyzes the nature of different types of transnational intellectual property disputes,and refers to the legislative rules and judicial practice of extraterritorial countries to discuss their jurisdiction and agreement.Applicable relationship of exclusive jurisdiction.On this basis,further analysis of the main problems in the intellectual property provisions of the Convention on the Choice of Court Agreements provides a concrete plan for China to implement the Convention in line with China's national interests.The research in this paper believes that based on the characteristics of intellectual property rights,foreign-related intellectual property disputes are quite different from ordinary foreign-related civil disputes.In the intellectual property rights,copyright,neighboring rights and intellectual property rights represented by patents and trademarks are in disputes on validity.There are also major differences in disputes and infringement disputes.Specifically,in relation to the validity of intellectual property rights such as patents and trademarks,since the relevant litigation is still an administrative lawsuit in China,if it is a major problem in a dispute,it should be authorized by intellectual property such as patents or trademarks.The court of the State of registration shall have exclusive jurisdiction and exclude the agreement;if it arises in a dispute with a pre-requisite question,in principle China shall not recognize the decision of the court of the non-authorized or registered State on the validity issue.Involving patents,trademarks and other intellectual property rights issues,it is necessary to distinguish between different types of disputes and take different measures.In the case of intellectual property infringement involving patents,trademarks,etc.,in view of the importance of respecting and upholding the autonomy of the parties,the application of the jurisdiction of the contract in the case of liabilitycompetition shall be allowed.In the case of copyright and neighboring rights,the application of the jurisdiction of the agreement should not be denied in general,but the existing actual contact standards must be adhered to.Therefore,this paper suggests that China should include the validity of intellectual property rights such as patents and trademarks in the scope of exclusive jurisdiction.In addition,for the recognition and enforcement of foreign judgments that may be triggered by the ratification of the Convention on the Choice of Court Agreement,China may legislate in a clear form,and foreign intellectual property judgments based on the agreement shall refuse to be recognized and enforced,including but not limited to the foreign judgment.The ruling on the validity,ownership and infringement of intellectual property rights enjoyed by Chinese civil subjects in accordance with Chinese laws is fundamentally in conflict with China's legal system.