Research On Patent Malicious Litigation And Its Legal Regulation

The acquisition of patent rights has become a key concern of enterprises.When enterprise patents are infringed,litigation is the main solution to protect their legitimate rights and interests.However,in patent rights protection litigation,in order to seek illegitimate interests,some malicious lawsuits to damage the other party’s rights and interests or obtain illegitimate competitive interests also follow.Malicious patent litigation refers to the behavior that the parties attempt to obtain illegitimate interests or infringe upon the legitimate rights and interests of others by means of civil litigation due to the lack of legal factual basis and basis.Malicious litigation will greatly infringe upon the legitimate rights and interests of the opposite party,which is not conducive to the development and perfection of China’s intellectual property system.Punishing malicious patent litigation can better protect the common interests of the doer and the other party,prevent damage,and maintain a good fair competition order in the market.Therefore,how to identify the malicious patent litigation,what are its constituent elements,what are the main manifestations in judicial practice,and how to regulate it are all worth studying.This paper is mainly divided into four parts.The first part mainly introduces the concept,characteristics and harm of malicious litigation and patent malicious litigation.The article analyzes the difference between malicious litigation and false litigation,and expounds the characteristics of patent malicious litigation from the perspective of concealment and complexity.At the same time,it points out that the harm caused by malicious patent litigation includes disturbing the fair competition in the market and damaging the credibility of justice.The second part mainly combs the existing system of patent malicious litigation and typical cases of judicial practice,and points out the problems existing in the identification and regulation of patent malicious litigation.The third part is a comparative analysis of the judicial regulation of extraterritorial malicious litigation,mainly discusses the legal regulation of malicious litigation in the United States and Japan,and puts forward its reference for our country.The fourth part mainly discusses the methods to improve the regulation of patent malicious litigation,mainly including: clearly defining malicious litigation as civil tort;Further improve the infringement damage compensation system of patent malicious litigation;Punitive damages shall be applied to patent malicious litigation,Improve the procedural sanctions for malicious patent litigation.