The Law of the Application of Law for Foreign-related Civil
Relations of the People's Republic of China was promulgated on
October 28, 2010 and will come into force on April 1, 2011. The new
law absorbs the latest achievements of the research and legislation
in the field of the private international laws, which is widely
viewed as having reflected the contemporary legislation ideas and
incorporated innovative rules, and the issuance of this law would
have accomplished the systemization and modernization of the
conflicting rules concerning foreign-related relations in Chinese
The governing laws of the foreign-related intellectual property
right relationships are provided in Articles 48-50 of this law.
Firstly, the law at the locality where the protection is claimed
shall apply to the dispute concerning the ownership and contents of
intellectual property right. Secondly, a party may choose the laws
applicable to the assignment and licensed use of intellectual
property rights by agreement; otherwise, the laws at the habitual
residence of the party whose fulfillment of obligations can best
reflect the characteristics of this contract, or other laws which
have the closest relation with this contract, shall apply. Thirdly,
the laws at the locality where the protection is claimed shall
apply to the liabilities for tort and for intellectual property;
alternatively, the parties may also choose the applicable laws at
the locality of the court by agreement after the tort occurs.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
The Policy stresses on the need for a holistic approach to be taken on legal, administrative, institutional and enforcement issues related to IP.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).