| Summary: | 博士 === 國立中正大學 === 法律系研究所 === 105 === The protection of Intellectual Property Rights (IPRs) has been limited by the influence of regionalism, therefore the impact of the legal effect of IPRs is also limited to the national scope. However, due to the increase in international economic and trade activities and ever-changing technologies, as well as the disputes of transnational IPRs have been increasing, the protection of transnational IPRs has become more and more important. In addition, with the establishment of the formation of universal markets, the World Trade Organization, numerous countries also try to protect their IPRs by signing the bilateral or multilateral international treaties, and to achieve the goal of the uniform legal system of the protection of IPRs, then to break the territorial barriers of the legal effect of IPRs. But the right to sign and participate in the international treaties or not still belongs to the state sovereignty, meanwhile every nation will also consider about the development of its domestic industries and the interests of all involved parties. As such, the legal system of IPRs’ protection is still different among the countries so far, hence it leads to legal conflicts of international IPRs’ protection.
At present, the IPRs recognized by our law system are copyright, trademark, patent, integrated circuit layout and new varieties of plants. A wide range of IPRs might also include the business names, trade secrets and marks, prevention of unfair competition and other rights originated from the activities of spirit creation. Therefore, we can see the scope and content of IPRs are very broad, this dissertation mainly focuses on the fields of copyright, patent and trademark to analyze and discuss. First, it’s the basic introduction of the rights, concepts, contents, types and nature of IPRs. Then discuss the causes and solutions of the conflict, the international jurisdiction, the rules of the choices of law, the recognition and enforcement of the judgments, the international arbitration of IPRs, the pro and cons and mechanisms of ADR system, then to introduce the important international organizations and treaties of the IPRs. Through the above introduction, analysis, discuss and the comparison of the academic articles and judgments of the international IPRs, the author tries to find the ways to solve the relating problems of the international IPRs disputes.
Moreover, when the “Act Governing the Choice of Law in Civil Matters Involving Foreign Elements” was amended on May 26, 2010, Article 42 (hereafter refer to Article 42) was amended to deal with the issues of international intellectual property law, then it was effective on May 26, 2011. However, comparing to the national legislations, the scope and type of dealing with the international IPRs issues of Article 42 are not only too narrow, but also unclear. Therefore, at the end of this dissertation, the author also discusses about the practical and theoretical difficulties of international IPRs disputes we are facing, as well as how to explain and apply Article 42 to the cases, trying to find the solution accordingly and to propose the suggestions about the future amendment of Article 42.
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