Research On The Regulation Of Abuse Of Intellectual Property Rights Based On Public Interest Protection

With the in-depth implementation of the strategy of strengthening the country with intellectual property rights,China’s intellectual property quality is gradually improving,and a relatively strict intellectual property protection system has been initially formed.Correspondingly,the phenomenon of infringement of public interests due to the abuse of intellectual property rights has emerged,and the principle of balance of interests advocated by the intellectual property system has been somewhat unbalanced.The “Visual China” incident,intellectual property disputes in Sino-US trade negotiations,and sanctions and investigations against Huawei and ZTE have all shown a series of domestic and international behaviors that reflect the risk of infringement of public interest in the abuse of intellectual property rights.The study found that the abuse of traditional intellectual property rights,including disrupting the order of competition,damaging consumers’ rights and interests,and expanding intellectual property rights,is undoubtedly the key content of competition laws and regulations.The phenomenon of intellectual property rights infringing public rights and hindering the development of sustainable innovation is a new manifestation of intellectual property abuse,which cannot be accurately applied in the existing legal system.Taking the new type of intellectual property abuse as an entry point and taking the protection of public interests as the perspective,this article proposes the constituent elements of the risk of intellectual property abuse infringing on public interests.The risk of intellectual property abuse based on the protection of public interests is manifested in the diversification of the subject of abuse.The means and methods of abuse are centered on the intellectual property system and application,and the types of interests damaged are represented by public interests or national interests.When regulating the risk of intellectual property abuse,the coordination of intellectual property legislation and law enforcement,and the clear management responsibilities of intellectual property administration departments are effective means of regulating risks.On the one hand,at the legislative level,it calls for the drafting of special IP laws and adopts enumerated legislative techniques.On the other hand,at the level of law enforcement,the efficiency and predictability of administrative means should be fully utilized and the obligations of intellectual property administrations to manage resources in the public domain should be defined.For this,This article firstly starts with the concept of intellectual property abuse,clarify the subject of intellectual property abuse,the means of abuse and the consequences of abuse,and the nature of intellectual property with a balance of interests,the spirit of protecting human rights,the need for rights restrictions and the need to distribute justice Theory,as an argument basis for regulating the risk of intellectual property abuse.Secondly,define and describe the manifestation of new types of intellectual property abuse infringing on public interests,and summarize the constituent elements of intellectual property abuse risk based on the protection of public interests.Thirdly,by combing the current status of domestic and foreign regulatory IP abuses,and drawing on successful risk regulatory experience,we discovered the problems and main causes of China’s regulatory IP abuse risk.Finally,the knowledge of our country from the three levels of national strategy,legal system,and enterprise management Legal advice on the risk of property rights abuse,with a view to providing a complete legal protection system and response strategy for China’s IP superiority enterprises,advocating the preservation of the public sphere and the maintenance of public interests,and using legal systems and strategic layout to enhance China’s intellectual property competitiveness...