Study On Regulation Of Patent Malicious Litigation From The Perspective Of Anti Unfair Competition Law

Since the country’s first case of patent malicious litigation happened in 2003, the similar cases continue to emerge and the problem is serious. So, China’s Supreme People’s Court amend and added “Malicious prosecution of intellectual property litigation damages disputes” to “The cause provisions of civil cases” in 2011, and it had affirmed the possibility for the victims to seek relief through litigation from the level of judicial interpretation. But with the constant renovation of the type of patent malicious litigation cases, we can realize that the connotation of patent malicious litigation in our country is vague and insufficient, and the means of legal regulation are not in place, thus it makes a number of patent malicious litigation put on the noble coat of legitimate rights, and it is difficult to unify the judicial circle in dealing with the increasingly rampant patent malicious litigation.Today knowledge is the economy, malicious litigation in the field of intellectual property not only makes the double damage of the relative party’s legitimate rights and the judicial order, but also increases more instability and risk factors to the market economy. Patent as one of the main types of intellectual property, has become a powerful weapon in the market competition, and patent malicious litigation has become a illegal way for the market economic entity to seek improper interests. If our country does not have comprehensive cognition and regulation to patent malicious litigation, it will pose a threat to market competition environment of fairness and justice, honesty and credit, and it will eventually affect China’s overall level of economic development and social progress.From the specific cases of patent malicious litigation, this paper puts forward the problem of the lack of awareness of patent malicious litigation and legislative regulation in our county. Firstly, in the main part of the thesis, under logical thinking of induction,I will analysis essence of patent malicious litigation after clarifying the types of external behavior of patent malicious litigation,and thus try to redefine the concept of the patent malicious litigation through analyzing the defects of the existing concepts. Secondly, I will give a comparative study of the United States and Japan on regulation experience of patent malicious litigation to obtain the inspiration conform to the situation of our country. Then, I will discuss the necessity and feasibility to regulate patent malicious litigation by anti unfair Competition law from the macro level. Finally, I will put forward the suggestions of improving and perfecting the regulation methods of patent malicious litigation. On the one hand, to put the patent malicious litigation into the regulation system of the anti unfair competition law so that achieving substantive law regulation of patent malicious litigation,on the other hand to improve procedural provisions to reduce patent malicious litigation so that preventing competition behavior, and ultimately to achieve comprehensive and effective regulation of patent malicious litigation.