The Determination And Legal Regulation Of Patent Malicious Litigation

With the continuous development of science and technology,people's lives change rapidly.In nowadays,the competition between the world economies is actually the competition in science and technology,which makes the competition of enterprises in technical area become more and more fierce.In recent years,our government is committed to building the society with rule of law.In practice,they not only made efforts to increase the protection of various rights,but also held various forms of publicity for the problems related to the immediate interests of citizens,especially in intellectual property area.We always said that where there is the right,there is the possibility of abuse of rights.Facing huge profits,some people will lose their mind,taking the legal edge ball hit the way,and file a patent malicious litigation in the name of safeguarding their legitimate rights to obtain extra profits.This kind of behavior is serious departure from the principle of honesty,not only harm the legitimate operators,but also damage the credibility of the judiciary.Actually,the patent malicious litigation appears to be more frequent in practice.Although the law of our country to the provisions of this kind of behavior is more and more better,but the type of patent malicious is also changing.Our current recognition of its connotation is fuzzy,and the legislation is still not so well,which makes the judge is difficult to identify it in dealing with this kind of cases.Considering the serious harm of this kind of behavior and the present situation of the legal regulation in our country,it's necessary for us to make a thorough study on the cognizance standard of this kind of behavior at the present stage.In Chapter One,I started from the basic concepts of patent malicious litigation,and qualitative it after the comparative analysis of different views of scholars,then discussed the characteristics and forming causes;in Chapter Two,I firstly identified the present predicament of this behavior in China,and then discussed the corresponding determination standard;after a preliminary understanding of the basic issues of this behavior,the Chapter Three focused on the necessity of the legal regulation of such behavior;the Chapter Four was mainly about how to regulate this behavior on the analysis of foreign regulation experience,and finally put forward some concrete suggestions.