The origin of the concept of intellectual property abuse

The concept of "intellectual property abuse" originates from British patent law. It means that the owner of intellectual property rights exceeds the scope or boundaries specified by law and harms the interests of others and the public* in the process of exercising legitimate intellectual property rights. **Benefit behavior. Since the objects of intellectual property are symbolic expressions, the connotations of works, trademarks, technological inventions, etc. need to be interpreted and confirmed by law. The standards for identifying creativity, distinctiveness, etc. are extremely vague, which reduces the clarity of rights content and provides Abuse of rights provides further opportunities. Based on the fact that the patent system is to promote the country's technological progress in the public interest, the patentee's failure to implement the patent is regarded as an abuse of monopoly rights in the UK, and the abuse of patents therefore becomes the basis for compulsory patent licensing. This concept and system were adopted by the Paris Convention. ②Here, the abuse of monopoly rights (patent rights) mainly refers to the behavior of not implementing the patent or not fully implementing the patent.