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Research on the Law Application of International Intellectual Property

Author: PeiLi
Tutor: WangShuMin
School: Dalian Maritime University
Course: International Law
Keywords: Intellectual property rights Conflict of laws Application of the law
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 472
Quote: 2
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Abstract

With the global economic integration, the development of a knowledge-based economy, the importance of intellectual property rights has been more and more national attention. Intellectual property rights in the traditional sense of the strict regional countries, in theory, only the recognition and protection of their intellectual property rights granted confirmation, it is the application of the law of intellectual property problem does not arise. However, with the development and progress of society, technological and cultural exchanges have become increasingly frequent, expanding the scope of intellectual property rights, while its theoretical basis is undergoing profound changes. More and more indirect adjustment of foreign intellectual property laws conflict within the field of international intellectual property law applies also to the emergence of a large number of direct adjustment of the International Convention for the international intellectual property laws conflict. This article will focus on the basic theory of international intellectual property law applies analysis to introduce unified substantive law related to the protection of intellectual property rights, and a critical analysis of the intellectual property laws of the United Kingdom, the United States and South Korea status of applicable legislation, in order for our intellectual property laws conflict law applicable legislation to provide a useful reference. This article is divided into a total of four major exposition of international intellectual property law applies. This article Chapter 1 is an overview of the international intellectual property law applies mainly analyzes the related concepts of international intellectual property rights, intellectual property law conflict, the application of intellectual property law; describes the classification of the traditional intellectual property law applies. Pointed out that the distinctive characteristics of the international intellectual property regional applicable intellectual property laws in the field of private international law, the principal or registration or source of the law of the land, but is not limited to this. Discussed in Chapter 2 of this article is to adjust to the International Convention on the field of private international law and intellectual property laws conflict. Three international uniform, there is no uniform conflict of laws in the field of intellectual property, this paper therefore introduces the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, as well as under the WTO framework on trade-related intellectual property rights agreement \entity specifications established time, the scope of protection, the basic principles and functional role. Pointed out that the emergence of the International Institute for the Unification of substantive law intellectual property law applies unified private international law of the Member States to provide useful help and reference, it established the principle of national treatment, independent international intellectual property protection principle, MFN principle widening the scope of application of the law, and actively promote the development of the international intellectual property rights cause. Discussed in Chapter 3 of this article is a reference of foreign intellectual property laws applicable to China. This chapter introduced the status quo of the applicable legislation of the United Kingdom, the United States, the Korean domestic legislation in copyright, trademarks, patents and other intellectual property laws, and its brief assessment. Due to different national circumstances, in the intellectual property law applies, the legislation of the three countries is different, each with its own characteristics. The end of the chapter, Drawing on the experience of foreign intellectual property laws apply advanced legislative introduce the general provisions of existing laws and regulations applicable copyright, trademark, patent law in the field as well as on China's foreign-related intellectual property rights laws applicable legislation revelation. Chapter 4 of this paper in intellectual property law applicable to the relevant provisions of the Civil Code (draft) \In the ever-changing knowledge economy, and improve the legislative work of the intellectual property rights of private international law applicable by law to fill the blank of domestic and international private law legislation period applicable conflict rules to solve the incentive and protection of intellectual property conflicts cause of our intellectual property in China and other countries with a very real and urgent strategic significance, this is precisely where the purpose of this article.

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