Journal of Jishou University(Social Sciences)

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Research on the Legal Issues Concerning Jurisdiction of Foreign Trademark Infringement in the Internet Era

XU Weigong,HAO Zeyu   

  1. (College of Law,Zhongnan University of Economics and Law,Wuhan 430073,China)
  • Online:2018-09-01 Published:2018-07-29

Abstract: The contradiction between the boundary of jurisdiction and the unbounded nature of the Internet challenges the traditional rules for determining the jurisdiction of foreign trademark infringement.The particularity of the Internet will inevitably shake the position of the principle of territoriality,and the application of the principle of the closest link can provide a new way of thinking for the determination of jurisdiction under the new economic model.At the same time,"trademark coexistence" and other complex and changeable acts of infringement should be treated reasonably.The special Internet has not been separated from the real life.It is necessary to judge the place of infringement on the basis of the general principles of international trademark jurisdiction,combined with specific cases.Also we cannot ignore the role of personal jurisdiction and exclusive jurisdiction in the infringement of trademark rights.It is important that we strive to balance the legitimate rights and interests of all parties on the premise of respecting state sovereignty and national conditions.

Key words: internet, trademark infringement, jurisdiction

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