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Research and Legal Regulation on Malicious Prosecution of Intellectual Property

Author: HaoZuo
Tutor: PengShiZhong
School: South China University of Technology
Course: Legal
Keywords: intellectual property malicious prosecution legal regulation
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 178
Quote: 0
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Abstract


With economic development and social progress, and gradually penetrate into the economic sphere of intellectual property rights in all aspects of national economic development has become a key decision factor. At present, protection of intellectual property system with international standards, levels of protection have been met or exceeded the requirements of the TRIPS Agreement. However, whenever there is potential for abuse rights, individual rights often means alienation and expansion against the overall interests. Specific to the field of intellectual property, intellectual property rights of malicious abuse of rights litigation is a typical one of the ways. Malicious acts of intellectual property has use of intellectual property litigation and exclusive monopoly to exclude competitors protect intellectual property rights in the name of the real line, making each other not only goodwill impairment, and may lose valuable business opportunities and markets, caused the other party spirit Material on the double loss. Compared to other areas, intellectual property litigation more serious malicious waste of limited judicial resources and undermine the reality of the legal order. Therefore, such abuse of rights, malicious damage to other rights and interests of litigation, we should regulate. This paper is divided into three parts on malicious litigation of intellectual property legal regulation for more detailed study and discussion.The first part of the main malicious malicious litigation and intellectual property litigation overview, including concepts, components, related to the concept of the difference between the characteristics of intellectual property litigation and malicious damage and Causes. The second part of the relevant regulations of the legislative status of malicious litigation of intellectual property rights, judicial status and the presence of defects. The third part of the civil law and common law and international treaties on intellectual property regulation malicious litigation, and litigation of intellectual property laws improve the malicious suggestions and comments.

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