Research And Procedural Law Regulation On Malicious Prosecution Of Intellectual Property In China

With the knowledge economy footsteps, between countries, intellectual propertydisputes between enterprises continue, intellectual property protection has become a hot topic.Civil litigation is the most favorable legal means to protect intellectual property rights last,mastering knowledge of the law of intellectual property litigation and flexible use, protect therights of people to maximize the legitimate interests. However, to strengthen the protection ofthe right of action, but also should be noted that "patent trolls "," patent mantis "appearancesimilar phenomenon which is an illegal abuse of the right of appeal.Intellectual monopoly and exclusiveness, malicious litigation perpetrator is to use thisfeature to protect intellectual property rights in the name, run competitors, making eachother not only goodwill impairment, and may lose valuable business opportunities andmarkets, causing mental and other substances on the double loss. Respond to malicious actsin the field of intellectual property litigation appears to regulate, otherwise it will damage thelegitimate interests of the contract, hinder the implementation of intellectual property strategy,waste of limited judicial resources.Our current law, only the individual provisions of malicious litigation involvingintellectual property regulation, from the whole is still relatively shallow, dispersed, there isno system, no identifying malicious litigation of intellectual property and regulatoryprocedures.Combined with the special provisions of the new "Civil Law" related to intellectualproperty law to procedural law angle, focusing on how to improve the system from therelevant procedural law in order to achieve the malicious behavior in the field of intellectualproperty litigation for effective regulation. This article includes the following four parts:The first part, from an academic controversy, the meaning and characteristics ofmalicious behavior on the field of intellectual property litigation to define, combined withChina ’s IPR strategy analysis of malicious proceedings and regulations in the field ofintellectual property made sense;The second part, in front of the behavior of malicious litigation procedures andregulations in the field of intellectual property rights system, combined with the fourconstituent elements of tort liability law suit against the malicious acts of identification. Andsummarize common types of malicious litigation judicial practice in the field of intellectualproperty, in order to favor the practical application of intellectual property maliciouslitigation; The third part, combined with the special provisions of the new "Civil Law " andintellectual property law, preliminary injunction from a defense review to determine thetechnical expertise remedies after the three main ways to analyze malicious proceedingsintellectual property regulation system;The fourth part, the basis of the text on the previous correlation analysis, to identifyshortcomings in the field of intellectual property of the Rules and Regulations of maliciousproceedings, combined with the relevant legislation and practice cases abroad, and the pathfrom the legislative proposals to improve these two aspects in order to reduce the judicialpractice of malicious litigation play a role.