Title: Analysis of the intellectual property rights terms in Chinese private international law: on the perspective of the latest regulations

Authors: Xiaoliang Fan

Addresses: Institute of International Law, Wuhan University, Wuhan, Hubei Province, 430072, China

Abstract: The Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China is the first Chinese separate statute on private international law. It came into force at April 2011 and modernised the conflicting rules concerning foreign-related relations in Chinese legislation system. Besides the general provisions, three terms related to the intellectual property were provided in the new law, including the applicable law of ownership and content, the assignment and the liabilities for the infringement of intellectual property rights. Although the new law contains some flaws, it is nevertheless a milestone in the development of Chinese law.

Keywords: private international law; intellectual property law; legislation; applicable law; China; patents; copyright; trademarks; infringements; legal application; intellectual property rights; regulations; statutes; laws; civil relations; foreign-related relations; legal systems; ownership; intellectual content; assignment; liabilities.

DOI: 10.1504/IJPL.2012.047320

International Journal of Private Law, 2012 Vol.5 No.3, pp.303 - 321

Published online: 20 Sep 2014 *

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