知识产权侵权诉讼的国际管辖权问题

Abstract:Issues：（1）whether the principle of territoriality relating to intellectual property could apply to the international jurisdiction for the civil litigation over the infringement of intellectual property，and（2）if the answer is positive，the extent of the effect of the principle of territoriality should be reviewed when new provisions are integrated in the amended Japanese Code of Civil Procedure to rule the international jurisdiction.In particular，the place of tort，which is the ground for jurisdiction of tort cases，is an important matter that is closely connected to the above issues.When the ground for jurisdiction and the statement of claim are not the same，the basic concept of jurisdiction，including facts to be proved by the plaintiff and matters relating to the joint claim，needs to be established from the special viewpoints of international civil procedures law，minimizing the impact of the principle of territoriality and considering both the necessity of substantive proceedings and relevance with the forum of the case.The analysis of this paper is based on the above standpoints，referring to the Japanese-Korean Joint Proposal（2011）.In addition，the interpretation of “dismissal of an action due to special circumstances”（Article 3-9，amended Japanese Code of Civil Procedures）is analyzed.

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