An Empirical Analysis Of Unfair Competition Caused By Abusing "Safeguarding Rights"

Abusing "safeguarding rights" is a kind of behavior that disturbs the normal market order.Intellectual property creates income,and abuse of intellectual property rights "safeguarding rights" damages the legitimate rights and interests of the opposite party,and also greatly damages the judicial authority.The abuse of intellectual property rights to protect the rights of the opposite party's business behavior is to increase more instability and risk factors to the market economy.If the abuse of intellectual property rights can not be fully recognized and regulated,it will threaten the normal market competition environment,resulting in the lack of good faith.In the dispute over unfair competition of commercial bribery between Shenzhen Jiedian Technology Co.,Ltd.and Shenzhen Laidian Technology Co.,Ltd.,the rights protection beyond the reasonable scope taken by the Laidian company to Jiedian company was recognizedas unfair competition by the court,and the anti unfair competition law was applied to make a judgment,which effectively protected the legitimate rights and interests of Jiedian company,through unfair competition The path of regulating the abuse of rights has achieved initial results in practical work.At present,there are various forms of safeguarding rights.After sorting out the forms of safeguarding rights in intellectual property cases,the author sums up several main forms,including warning letters and complaints through private relief,lawsuitsand reports through public relief,which include the abuse of safeguarding rights in the name of infringement.At present,most courts apply the tort liability law to identify the abuse of rights.The pioneering application of anti unfair competition law by some courts can crack down on such acts more severely and achieve positive results.Through the anti unfair competition law to regulate the abuse of intellectual property rights in practice,we should promote the development of theory and system in the opposite direction,and build a complete system as soon as possible to regulate such disputes more effectively.Based on the specific cases of abuse of intellectual property rights,this paper sums up all kinds of abuse patterns of intellectual property rights that fall into unfair competition and the legitimacy of applying the anti unfair competition law to regulate.This paper is divided into four parts.In the first part,the author searches the cases of abuse of intellectual property rights in the past five years on the "non litigation cases" to form a sample database,and then summarizes and analyzes the samples in the sample database to clarify the current court's judgment attitude and trend on the abuse of intellectual property rights.In the second part,the typical cases of abusing the right of action are analyzed,and the obvious improper litigation behavior and the propaganda without judgment may constitute unfair competition.In the third part,it analyzes the typical cases of abuse of complaints,and concludes that a large number of complaints beyond the reasonable scope,using public power to suppress the complained party,forging proof of rights to make complaints and making high claims after complaints may constitute unfair competition.In the fourth part,it analyzes the typical cases of the warning letter type,and concludes that the defects in the form and content of the letter may constitute unfair competition.Through sorting out,analyzing and summarizing the cases,the author believes that the abuse of intellectual property rights "rights protection" behavior can achieve better results through unfair competition regulation,and operators must pay attention to the rights protection within a reasonable range when carrying out the rights protection.The rights protection beyond a reasonable range may fall into the behavior mode of unfair competition,and ultimately bear the adverseconsequences.