Research On The Legal Regulation Of Intellectual Property Malicious Litigation

Malicious intellectual property litigation abuses judicial resources for purposes other than litigation,disrupts the order of intellectual property protection,disrupts market competition,and brings litigation burden to the sued parties.Malicious intellectual property litigation is essentially a wrongful infringement,and its harmful consequences are multiple,and have regulatory significance in both procedural law and substantive law.The analysis of many Malicious intellectual property litigation cases shows that in judicial practice,there are prominent problems such as difficulty in identifying the elements of malicious intellectual property litigation,low economic compensation,difficulty in obtaining compensation for indirect losses,and a single way of assuming responsibility.However,the legislation of malicious intellectual property litigation is less and lacks operability.To this end,the legal system needs to be further improved.Fundamentally,the huge value of intellectual property rights in market competition and the inherent defects of the intellectual property protection system are the direct incentives for malicious litigation of intellectual property rights,and the value inclination of giving priority to protecting the right of action in judicial practice provides indirect incentives for the occurrence of this behavior.From the perspective of law and economics,in the current legal environment,the low illegal cost and high regulatory cost of malicious intellectual property litigation are not enough to deter perpetrators.The basic spirit of prohibiting the abuse of procedural rights has been reflected in international treaties,and extraterritorial legislation regulates malicious litigation mainly from the perspective of procedural law and tort law.Therefore,in the process of regulating malicious intellectual property litigation,our country should adopt the principle of "prudent identification and severe punishment",pay attention to strengthening the constraints at the level of procedural law,strengthen pre-trial review,and apply judicial compulsory measures;at the level of substantive law,judicial organs should unify the criteria for identifying malicious intellectual property litigation,increase the cost of violations by applying punitive damages,reasonably compensating for indirect losses and mental damage,and applying multiple types of liability methods.