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The Legal Justice Of Abuse Of Intellectual Property Rights

Posted on:2008-05-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:C H WuFull Text:PDF
GTID:1116360212487369Subject:International Law
Abstract/Summary:PDF Full Text Request
Intellectual property right, as a kind of private right, rises conflict between the right owner and the public interest. And the purpose of building intellectual property system can be realized only when the owner's right and the public interest are balanced. In the 21st century, competetion among countries and enterprises are mainly based on high-technology, which exist in form of intellectual property. In consequence, enterprises especially the transnational corporations always grasp unjustifiable interests by abusing of intellectual property. To control the abuse of intellectual property is both theoretically and practically meaningful. This paper is trying to make a theoretical research on the abuse of intellectual propery through economical analysis, comparative analysis and empirical analysis. There are five chapters in this paper. The first chapter introduces the development of the theory of no abuse of right; the second chapter makes a research on the connotative meaning of abuse of intellectual property; the third chapter mainly talks about the origin of the abuse of intellectual property and it includes three parts: development of the theory of no abuse of right in intellectual property system; internal reason for the development of theory of no abuse of intellectual property; and external reason for the development of the no abuse of intellectual property theory. Chapter four is about the abuse of action right of the intellectual property owner and ithe law's regulations for the abuse. It is divided in three parts also: basic theory of no abuse of action right; theory of abuse of action right of intellectual property owner and the legal regulation for the maliciousaction rose by intellectual property owner. The fifth chapter is an analysis of the substantial legal regulations of the abuse of intellectual property, including three parts, which are regulations of international treaties, regulations of other countries and regulations of our country and the improvement of our regulaitons.This article has mainly carried on in the below aspect diligently withthe exploration: first, theory of no abuse of right which is one of the basic principles of civil law can also apply to and has been improved by intellectual property right which is a kind of private right. Second, the meaning of abuse of intellectual property right has been studied thoroughly and a precise defination is given. Third, a comprehensive and penetrating research on the origin of abuse of intellectual property right is done. Fourth, abuse of action right of the intellectual property owner is classified as a kind of abuse of intellecual right and has been analized profoundly in theory for the first time. Fifth, a multi-angle investigation of the substancial legal regulation of abuse of intellectual property right has been done.
Keywords/Search Tags:intellectual property, abuse of right, origin, abuse of aciton right, connotation, abuse of substancial rights, legal regulation
PDF Full Text Request
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