First, the performance and harm of intellectual property abuse
The abuse of intellectual property rights is mainly manifested in the forms of right abuse, malicious litigation and technology monopoly. These behaviors not only infringe upon the legitimate rights and interests of others, but also hinder the fair competition in the market and the development of technological innovation. Abuse of intellectual property rights may inhibit technological innovation, disrupt market order, and even harm national and social interests.
Second, the necessity of legal regulation
Legal regulation of intellectual property abuse is an important guarantee for maintaining market order and promoting innovation and development. Restricting the abuse of intellectual property rights by legal means can protect the legitimate rights and interests of innovators, stimulate innovation vitality and promote scientific and technological progress. At the same time, legal regulation also helps to maintain a fair market environment and prevent intellectual property from becoming a tool to hinder market competition.
Third, the specific measures of legal regulation
In view of the abuse of intellectual property rights, various measures should be taken in legal regulation. First of all, improve intellectual property laws and regulations, and clarify the identification standards and legal responsibilities for abuse of intellectual property rights. Secondly, strengthen law enforcement, crack down on the abuse of intellectual property rights and ensure the effective implementation of the law. In addition, publicity and education on intellectual property protection should be strengthened to raise public awareness and concern about intellectual property protection.
To sum up:
Legal regulation of intellectual property abuse is an important means to maintain market order and promote innovation and development. By improving laws and regulations, strengthening law enforcement and publicity and education, we can effectively restrict the abuse of intellectual property rights, protect the legitimate rights and interests of innovators, and promote scientific and technological progress and social development.
Legal basis:
patent law of the people's republic of china
Article 65 provides that:
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
People's Republic of China (PRC) Anti-unfair Competition Law
Article 12 stipulates:
Operators shall not use means to carry out the following acts that hinder or destroy the normal operation of network products or services legally provided by other operators: (1) Inserting links or forcing target jumps into their legally provided network products or services without the consent of other operators; (2) misleading, deceiving or forcing users to modify, shut down or uninstall network products or services legally provided by other operators; (3) Malicious incompatibility with network products or services legally provided by other operators; (four) other acts that hinder or destroy the normal operation of network products or services provided by other operators according to law.