The law of the place of infringement refers to the law of the place where the act of infringing on the legitimate rights and interests of others takes place. In civil litigation, the correct determination of the law of the place of infringement is the premise of resolving disputes and one of the important basis of judgment. Article 13 of the Provisions on Several Issues Concerning the Application of Foreign Laws formulated by the Supreme People's Court clearly stipulates that the following factors should be considered in determining the law of the place where the infringement occurred: 1. The place where the infringement occurred; 2. The location of the damage caused by the infringement; 3. The domicile and place of business of both parties and other factors related to the infringement. These factors need to be considered comprehensively when determining the law of the place of infringement, so as to achieve the purpose of fair handling of disputes. After the law of tort is determined, it needs to be applied and enforced.
Is the determination of the law of the place of infringement universally applicable? The determination of the law of the place of infringement has universal applicability, not only for domestic infringement, but also for transnational infringement. According to the Tort Liability Law of People's Republic of China (PRC) and relevant judicial interpretations, for the infringement involving multiple countries or regions, we can refer to the international practices and treaties voluntarily recognized by sovereign countries, as well as the international practices and commercial practices in related fields, and comprehensively consider the laws to determine the place where the infringement occurred. At the same time, in cross-border infringement, it is necessary to consider the provisions and application of private international law to ensure the correct determination and application of the law in the place where the infringement occurred.
The determination of the law of the place of infringement is a very important part of civil litigation, and various factors need to be considered comprehensively in the process of dispute resolution to ensure a fair, reasonable and enforceable result. At the same time, in cross-border infringement, it is necessary to consider the provisions and application of private international law to ensure the correct determination and application of the law in the place where the infringement occurred.
Legal basis:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes (II) Article 2 A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile. Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs.