Concerning Malicious Lawsuits Of The Intellectual Property

The emergence of intellectual property malicious prosecution is not a sudden phenomenon, But with social politics, economy and culture development and appear, intense competition in the market today, the market main body in order to get a bigger share of the market and competitor opened the fierce competition. Some enterprises or individuals will adopt some improper means to combat and exclude industry in the field of intellectual property right opponent. Actor is represented by abuse of intellectual property rights. The court or administrative organs of the judicial or administrative measures to achieve its illegal purpose. Such as the recent years of intellectual-property malicious prosecution, is through the malicious prosecution rivals, the opponents into lengthy litigation cases to drag down rivals. This paper is to Beijing tomorrow electric company's lawsuit wiener case to company of intellectual property malicious prosecution analysis, including how to define knowledge property malicious prosecution and intellectual property such as the malicious prosecution, in order to regulate the phenomenon do legal analysis.This paper total is divided into three parts. The first chapter presents the basic facts, and analyzes on the decision of the court. The second chapter basically analysis intellectual property malicious prosecution, this chapter discusses and divided into three parts:intellectual property rights malicious prosecution meaning, the causes, harm. Some Suggestions to deal with the third chapter of intellectual property malicious prosecution of practice, puts forward four measures to deal with malicious lawsuits, including intellectual property legislation, judicial practices, administrative supervision and protection of enterprise intellectual property.