On Malicious Patent Litigation And Its Countermeasures

In the process of rapid economic development,intellectual property rights of soft power is more and more fierce competition,the intellectual property rights become an important tool in the enterprise market economy,the intellectual property lawsuits caused by increased year by year,awareness of intellectual property rights protection also has greatly improved.However,new problems also arise,malicious litigation problems appeared in the field of intellectual property litigation,especially due to the particularity of patent examination system,use legally granted patents for the problem of malicious litigation is more outstanding.This first chapter,from the definition of patent right and the nature of malicious prosecution two aspects,the concept of patent malicious prosecution,made clear that patent malicious prosecution is refers to the person in the case of not based on facts or warrant,deliberately filed a patent infringement lawsuit.After that,this paper makes a brief comparison between patent abuse and patent malicious litigation,pointing out that patent malicious litigation is only a form of abuse of patent right.In this paper,the cause of the second chapter for patent malicious litigation,this article carried on the thorough and detailed analysis from two aspects,on the one hand is the drawbacks of the legal system itself,on the other hand is a patent malicious behavior driven mechanism of lawsuit behavior itself.In this paper,the third chapter embarks from the practical cases in judicial practice,the research methods of empirical analysis,through the Beijing far east cement products co.,LTD.,v.the defendant Beijing sifang concrete products such as steel co.,LTD.,for malicious intellectual property litigation damages responsibility dispute case and xing toys industrial co.,LTD.Guangdong group with Cai Xian for malicious intellectual property litigation damages responsibility dispute appeals in-depth study of the two typical cases,analysis shows that the cracking patent malicious prosecution identifying for subjective malicious behavior main body in the method,has been clear about the standard of patent malicious prosecution,uncovered the patent malicious lawsuit legal form of coat,exposed as to obtain a patent infringement lawsuit way illegitimate nature of illegal interests.Finally,the fourth chapter is about how to deal with the problem of patent malicious litigation.First of all,this paper analyzes the theoretical basis of patentmalicious litigation regulation.Secondly,from the perfect qualification and patent infringement lawsuit system not malicious lawsuit against compensate system two aspects are studied,and focus on in-depth study of the existing patent litigation against malicious compensate system of punitive damages for patent malicious prosecution intrinsic legal basis,points out that through the way of increasing compensation,cut off the possibility of using the patent right for additional illegal behavior main body benefit,in order to curb patent malicious litigation problems.