Research On Characterization Of Abusing Intellectual Property Infringement Notice

An intellectual property infringement notice is a warning communication to alleged infringers or their business partners sent by an IPR holder when he suspects that they are infringing his IPR.Although sending infringement notice to assert legitimate rights and interests of IPR holders is the manner in which they exercise their intellectual property rights through negotiation,IPR holders should apply right relief system in a reasonable range.They should exert their rights in accordance with the principle of good faith and the principle of prohibition of rights abuse,and fulfill their duty of care.Otherwise,sending infringement notice unreasonably may turn into abusing intellectual property rights of senders.In real cases,senders exercise their rights beyond the scope that allowed by law or legitimate boundary.They can easily damage the interests of the other party through affecting the normal commercial relations of the party.It will finally cause confirming not tort suit or even the litigation of unfair competition.Through the analysis of legal basis and components,abusing IPR infringement notice could cause denigration of goodwill and false propaganda acts that imposed in Anti-unfair Competition Law of China.However,the legal standards are stringent for establishing these two sorts of acts.Thus,in the perspective of protecting the warned party's lawful rights and interests,as well as maintaining the fair market competition order,the court could rule the sender's act of unfair competition based on the provisions of article 2 of Anti-unfair Competition Law of China during the trial.The key to judging whether it's unfair competition or not is to consider if the warning senders fulfill their duty of care in the process of exercising their rights.