What are the issues of legal application in foreign-related intellectual property litigation?

With the development of modern society, people have begun to pay attention to the protection of original works and the protection of intellectual property rights. The issue of foreign-related intellectual property rights is also an issue that everyone is concerned about in their lives. So, what are the legal application issues in foreign-related intellectual property litigation? The editor of Legal Savior Network has compiled relevant information and will answer it for you below.

What are the applicable legal issues in foreign-related intellectual property litigation?

Foreign-related intellectual property rights The issue of legal application in litigation involves two issues: the application of procedural law and the application of substantive law.

1. Regarding the application of procedural law, foreign-related knowledge Property rights litigation shall be governed by my country’s Civil Procedure Law and Administrative Procedure Law. If the international treaty concluded or participated by our country has different provisions from the above two laws, the provisions of the international treaty shall apply, except for the provisions of which our country has declared reservations.

2. Regarding the application of substantive law, based on the principles of territoriality and independence of intellectual property, entities involved in foreign-related intellectual property disputes The relevant laws of our country shall also apply to the processing.

For patent rights, a foreign patent If an applicant wants to obtain patent rights in China, the subject matter of his invention must meet the conditions for granting patent rights stipulated in my country's patent law.The Chinese patent examination department conducts formal examination and substantive examination in accordance with the Chinese Patent Law. Litigation also arising from the patent application, such as administrative litigation on whether the patent application can be granted a patent right, litigation on the ownership of the patent application right, administrative litigation on the validity of the patent right, litigation on determining the ownership of the patent right, and litigation arising from infringement of the patent right. All infringement lawsuits should be handled substantively in accordance with the provisions of my country's patent law.

Litigations arising from trademark disputes and copyright disputes are also Of course. However, when handling foreign-related copyright disputes, you should pay attention to the following issues:

Foreign works were first published outside China. The basis for China's copyright protection for this work is the bilateral agreement signed by the country where the copyright holder of the work is located and our country or the international convention that both countries have participated in. The people's court will handle the infringement of the copyright of the work. In the event of a dispute, the confirmation of the copyright owner of the work should be based on the laws of the country where the work originated. If the foreign party has submitted a certification that it is the copyright owner of the work in accordance with the laws of the country where the foreign party is located, and the foreign party If a party disputes that the copyright owner is the copyright owner but fails to submit sufficient evidence, the People's Court shall only review the authenticity and validity of the evidence materials submitted by the foreign party without re-identifying the copyright owner of the work.

In the application of my country's intellectual property laws When handling foreign-related disputes, we must also pay attention to the application of international intellectual property treaties that our country has concluded or participated in.

Shanghai foreign-related lawyers from the Foreign Lawyers Network believe that Yiwai If a party claims intellectual property protection in my country in accordance with relevant international intellectual property treaties, the People's CourtIn the judgment part of the judgment, the treaty should first be clarified, and it is best to explain the time when our country and the foreign party participated in the international treaty respectively. This is the legal basis for the foreign party to claim rights in my country. If the provisions of the international treaty are consistent with the provisions of the corresponding intellectual property laws of our country, there is no need to cite the specific provisions of the international treaty in the main body of the judgment, and it is sufficient to directly quote the relevant provisions of our country's intellectual property laws; however, in the case of our country's laws and regulations If the international treaty has different provisions, the provisions of the international treaty shall apply, except for the provisions in which my country declares reservations.

If edited from unprotected material For foreign works that are original in the selection or arrangement of materials, according to the provisions of China's current "Copyright Law", the work is not an editorial work within the meaning of China's Copyright Law, so it should not be protected by the Copyright Law. However, according to the provisions of China's participation in According to the provisions of the Berne Convention for the Protection of Literary and Artistic Works, the work should be protected by copyright law. This is one of the inconsistencies between our country's laws and the provisions of this international convention, and our country has not declared a reservation. In this case, if The country where the copyright holder of this foreign work is located is also a member state of the Berne Convention for the Protection of Academic and Artistic Works, and our country should provide copyright protection for this work. In the field of copyright law, our country has promulgated the "Regulations on the Implementation of International Copyright Treaties" regarding the inconsistencies between our country's copyright law and relevant international copyright treaties. Therefore, when handling copyright disputes, the People's Court still does not need to quote the main text of the judgment. Relevant international copyright treaties, and only the corresponding legal provisions in my country's Copyright Law and "Regulations on the Implementation of International Copyright Treaties" can be cited. However, in other fields, such as the protection of corporate names in the field of industrial property, Chinese law stipulates that a corporate name is protected only after it is registered in my country. This is different from the provisions of the Paris Convention for the Protection of Industrial Property. my country has not promulgated a special The laws and regulations stipulate that the name or trade name of a foreign party that fails to perform registration procedures in my country can also be protected in my country. In this case, the people's court should quote the above-mentioned international conventions in the main text of the judgment.

The above is the relevant content summarized by the editor. If you have relevant legal consultation or do not understand other matters, you can call the online lawyers on the Legal Savior Network for answers. The professional knowledge of lawyers can help you. .