The Basic Study of International Jurisdiction Theories─And the Preliminary Research on International Jurisdiction to Adjudicate in Copyright Disputes

• Main Authors: Kuo-Hui Wen, 溫國慧
• Other Authors: 陳啓垂
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/31371817644948754090

碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 103 === The determination of jurisdiction in international private law disputes has been important and crucial to the study of international civil procedure law. Under the international civil procedure law, the international jurisdiction is one of the independent elements for a lawsuit. The suit will be not legitimate if the element is missing. More importantly, the international jurisdiction involves the scope and distribution of judicial power among relevant countries. Therefore, many countries consider it foundamental that the legal procedure should be based on the litigant’s rights and interests, and the court’s judicial function should be performed in a fair, effective, and economical manner. However, there is no international judicial organization to determine how the issue of international jurisdiction over international private law disputes should be resolved. Therefore, countries determine whether their courts have international jurisdiction over international private law disputes by applying the principles or rules of jurisdiction under the domestic civil procedure statute. Taiwan follows the civil law system. There is no express provisions of international jurisdiction under our civil procedure law. Moreover, there is no consensus concerning the issue among the courts. The best way to solve this problem is enacting provisions on international jurisdiction under the civil procedure law. However we need to explore and examine the theories of international jurisdiction before reaching the goal. On the other hand, issues relatint to the intellectual property rights, especially copyright, have become more and more important for it is closer to our daily life. There is no express rule under our civil procedure law concerning the international jurisdiction for the adjudication of copyright disputes. By referring to international conventions and principles of legislation in other countries relating to copyright disputes, we can divide the international jurisdiction for the adjudication of copyright disputes into two categories: the general forum of defendant and the special fora. In doing so, we can further divide the special fora into three issues: the existence and validity of right, assignment and licence contracts, and infringement. This comparative study would contribute to understand the current international trend about the international jurisdiction for the adjudication of copyright disputes, and it can serve as the references and suggestuons for future legislation and amendments of our civil procedure law.