1. Abuse of intellectual property (behavior) refers to the behavior that the obligee goes beyond the provisions of intellectual property laws and administrative regulations, improperly exercises relevant rights, damages the interests of others, social welfare or restricts the exclusion of competition.
2, the abuse of intellectual property rights is mainly divided into two categories:
(1) When exercising intellectual property rights, the obligee is beyond the scope of legal rights;
(2) When exercising their intellectual property rights, the obligee did not exceed the statutory rights, but unreasonably restricted fair competition in the market, or violated other public policies, and should still be regulated by the competition law.
Infringements of intellectual property rights include:
1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity and performance;
2. Forging or manufacturing identical or similar trademarks or special signs without authorization, or selling forged or unauthorized trademarks or special signs;
3, disguised use of the same or similar trademarks, special signs, patents, works and other creative achievements;
4. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units and in the names of websites, domain names, buildings, structures and places;
5. Providing places, storage, transportation, mailing, concealment and other convenient conditions for the infringement;
6. Other infringements in violation of relevant state laws and regulations;
7. Reproduction and distribution of audio and video products made by the producer without the permission of the producer;
8. Publishing books that others enjoy exclusive publishing rights.
To sum up, the abuse of intellectual property rights refers to the abuse of power by individuals or organizations with intellectual property rights, which violates anti-monopoly law, anti-unfair competition law and other relevant laws, restricts market competition, harms consumers' interests or hinders innovation.
Legal basis:
Article 47 of the Copyright Law of People's Republic of China (PRC)
Radio stations and television stations have the right to prohibit the following acts without their permission:
(a) broadcast radio and television by wired or wireless means;
(2) Recording and reproducing radio stations and radio and television;
(three) broadcast radio and television to the public through the information network.
The exercise of the rights stipulated in the preceding paragraph by radio stations and television stations shall not affect, restrict or infringe upon the exercise of copyright or copyright-related rights by others.
The term of protection of rights stipulated in the first paragraph of this article is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the first broadcast of radio and television.