Study On The Abuse Of Rights In Intellectual Property Civil Litigation

In the modern society, with the increasing impact of knowledge economy, theprotection of intellectual property is enhanced all over the world. The intellectualproperty conflicts between enterprises and countries arise continuously, the proportionof disputes related to intellectual property rights, usage and benefits increases in civilsuits. In the30years after reform and economic openness, the substantive law ofintellectual property rights in China can be described as remarkable, the legal system ofintellectual property litigation has improved steadily. However, due to the particularityof intellectual property rights of civil litigation, in recent years, the phenomenon ofauthority abuse occur now and then in intellectual property civil suits, and even showeda sharply rising trend.In intellectual property civil actions, there are countless literatures about rightsguarantee and construction, numerous works to guide parties to exercise their litigationrights are also available. On the contrary, the researches about intellectual propertylitigation rights abuse mainly focus on the behaviour of intellectual property civil suitsor the principle of good faith., the achievements are far from comprehensive researchsystem, the final research destination is how to restrict the abuse of rights of intellectualproperty rights civil actions. Due to our ignorance of the relative value of rights abuse inintellectual property rights civil action, the research of our actual use of intellectualproperty rights is far from complete. Therefore, in this article, the author is trying toexplore the behaviour and restriction mechanism of rights abuse in civil actions.ofintellectual property rights.The article is divided into three parts. The first part starts from the analysis ofrelevant concepts about rights abuse in the intellectual property civil rights, thendistinguishes the behaviour of rights abuse in the intellectual property civil rights fromlitigation with bad faith according to their legal origin and rules.; this part continueswith the defining the concept of rights abuse in intellectual property rights civil actionwith the concept of rights abuse in civil suits.The second part introduces the Intellectual Property Civil rights abuse behavior.Rights abuses of intellectual property rights in the civil litigation process is divided intotwo categories: rights abuses before the start of the suit procedure and rights abuses in the suit procedure.These two parts are then divided into interim behaviour before suits with bad faith,and the behaviour of producing and providing false evidences. Typical case occurred inrecent years will be provided to demonstrate these behaviour. Discussion on IntellectualProperty Civil rights abuse paths are included in the third part of this paper. After theanalysis of domestic and international legislation and judicial practice, the third part willcontinue to put forward feasible regulatory paths based on the relevant existing legalsystem.