New regulations on malicious litigation of intellectual property rights

Malicious litigation of intellectual property rights not only infringes on the legitimate rights of others, but also seriously undermines the national legislative system and judicial order. After Nanjing Intermediate People's Court put forward the counterclaim responsibility of malicious intellectual property litigation, the other parties of malicious intellectual property litigation filed counterclaims to protect their rights.

Legal basis:

People's Republic of China (PRC) Intellectual Property Protection Law

Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.

Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.