Social Sciences in China (Chinese Edition)

No. 9, 2024

The Institutional Framework of Extraterritoriality in Intellectual Property Law

(Abstract)

Wan Yong

The system of extraterritoriality in intellectual property law is both an important component of the foreignrelated legal system and a key representation of Chinese modernization in the rule of law. Emphasis should be placed on institutional and intellectual autonomy, with the design of the system guided by the principles of coordination, functionality, and modesty. This includes designing the functional role, framework, and practical operation of the extraterritorial application of intellectual property law. China’s approach to constructing such a system is based on the legal principle of distributive justice and follows an integrated legislative approach combining substantive and procedural laws and the “three-step test” as the judicial implementation method. This solution is both local and global, offering Chinese wisdom to address the international challenges of extraterritorial application in intellectual property law.