The International Jurisdiction and the Applicable law of Intellectual property disputes involving foreign events
Date Issued
2011
Date
2011
Author(s)
Lin, Chi-Yang
Abstract
The disputes related to intellectual property were rarely discussed in the past due to territoriality principle as a characteristic. Nowaday the IP rights can not be easily protected because they are readily spreaded and diffused according to the development of technology under the process of globalization, which underlines the intangibility of IP rights. In addition, the types of contracts become more cmomplicated and their contents and object related often involve foreign events with the progess of business models. Namely, the restricted protection in only one country can not really protect the owner of rights and will be harmful to the development of industry.
Our country has no statute of international jurisdiction and did not reach a consensus on the matter until now. My study, mainly referred to Conventions related and foreign research projects, sorts IP rights into the ones which need registration as a part of constitution and the ones which need not. In disputes having as their object a judgment on the grant, registration, validity, abandonment or revocation of the former, the courts in the State where the right has been registered or is deemed to have been registered shall have exclusive jurisdiction. As for the disputes of infringement of IP rights, it is not necessarily to take exclusive jurisdiction because allowing choice of court helps to solve such disputes. As for the matter of ubiquitous infringement, my study refers to the Amendment of Code of Civil Procedure of Japan and will not draw up a special rule.
The Amendment of the Law Governing the Application of Laws to Civil Matters Involving Foreign Elements of our country, which has been enforced from May, 2011, sets up special rules for some types of disputes according to the nature of IP rights. However, my study suggests that these rules related could be improved to handle and to cover ubiquitous infringement and work mad for hire.
Subjects
Intellectual property disputes involving foreign events
International Jurisdiction
Ubiquitous infringement
Applicable law
Territoriality Principle
the country for which protection is sought
Type
thesis
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