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Concerning Malicious Lawsuits of the Intellectual Property

Author: ChenBoPing
Tutor: JiaDengXun
School: Lanzhou University
Course: Legal
Keywords: Intellectual property rights Malicious litigation Administrative supervision
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 110
Quote: 0
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Abstract


The emergence of intellectual property rights malicious litigation is not a sudden phenomenon, but with the political, economic , and cultural development of society and , in today 's highly competitive market , the main players in the market in order to achieve greater market share and competition opponents launched a fierce competition , some enterprises or individuals will be used improper means to combat and squeeze out the same industry opponents , the performance of acts of abuse of intellectual property rights in the field of intellectual property , with the help of the court , judicial or administrative authority or administrative means to achieve their illegal purpose , such as malicious litigation of intellectual property rights emerged in recent years , is through malicious prosecution competitors , opponents dragged into protracted litigation cases , caused the collapse of the competitors . This is Beijing tomorrow Electric Company v. Venal case analysis of malicious litigation of intellectual property rights , including how to define malicious litigation of intellectual property rights , and how to prevent malicious litigation , intellectual property , in order to do a legal analysis of this phenomenon . This article is divided into a total of three parts. The first chapter introduces the basic facts of the case , as well as analysis of the court's decision . The second chapter analyzes malicious litigation of intellectual property rights , this chapter is divided into three parts to be discussed : the meaning of the Intellectual Property malicious litigation , the causes of hazards . Chapter practices to deal with malicious litigation of intellectual property rights , which proposed four measures to deal with malicious litigation of intellectual property rights , including means of legislation , judicial practice measures , administrative supervision and corporate intellectual property protection .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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