Research On The Intellectual Property Malicious Litigation

Intellectual property malicious litigation is a type of malicious litigation,and a special type of infringement.What is a intellectual property malicious litigation,and how to determine the legal requirements,as well as the composition of the elements of the malicious intellectual property litigation in judicial practice,the malicious scope,the malicious identification node and the malicious identification factors,etc.It has caused confusion in the identification of malicious intellectual property litigation.This article takes the discussion of malicious litigation as a starting point and clarifies the concept of intellectual property malicious litigation based on the characteristics of intellectual property rights.It means that the perpetrator does not protect his ow-n legitimate rights and interests,and the malicious initiation lacks factual or legal basis.of intellectual property litigation;based on the empirical analysis of existing laws and judicial cases,clarify the current problems in the identification of intellectual property malicious litigation;According to the types of behavioral subject,the intellectual property malicious litigation is divided into three types: no right-based,unstable right-based and stable right-based,and the establishment of the identification of intellectual property malicious litigation is categorized.Under the principle of strengthening the balance of interests between the protection of property rights and the suppression of intellectual property malicious litigation,this article consider that the formation of intellectual property malicious litigation must meet the four requirements of subjective malice,infringement,damage results and causality;the“malicious” identify into the background of conduct and the factors that action,then with a combination of types of malicious prosecution of intellectual property malicious litigation establishing the model of malicious recognition system.In addition,this article also discusses the importance of the behavioral subject in the intellectual property malicious litigation,the manifestation of the illegality of infringements,and the definition of the scope of the damage result,and proposes a practical and feasible method for identifying the intellectual property malicious litigation.