The legal level of intellectual property abuse is mainly concerned with:
Definition of intellectual property abuse
Abuse of intellectual property means the improper exercise of rights by the right-holder beyond the provisions of intellectual property laws or administrative regulations, to the detriment of the interests of others, of the public good or to restrict the exclusion of competition. Such acts may take two forms:
The exercise of intellectual property rights by the rights holder goes beyond the legal rights themselves
The rights-holders exercise their intellectual property rights in a manner that does not exceed their legal rights but does not reasonably limit legitimate competition in the market or violate other public policies。
Specific acts of intellectual property abuse
Specific acts of intellectual property abuse include, but are not limited to:
(b) the unauthorized use of the same or similar trademarks, distinctive signs, patents, works and other creations in production, operations, advertising, propaganda, performances and other activities
(a) the forgery or unauthorized manufacture of the same or similar trademarks, special signs or the sale of forged or unauthorized trademarks, special signs
Disguised use of the same or similar trademarks, special signs, patents, works and other creations。
These acts may constitute abuses of intellectual property rights and are subject to legal sanctions。
Iii. Legal regulation of intellectual property abuse
There are a number of regulatory instruments for ipr abuse. For example, they can be regulated and punished through relevant laws such as antimonopoly laws and anti-improper competition laws. These laws are aimed at protecting the fairness of competition in the market and preventing rights holders from abusing intellectual property rights to limit competition or to the detriment of consumers。
In conclusion, the abuse of intellectual property is a complex legal issue that involves multiple levels and dimensions of law. In order to protect the fairness of competition in the market and consumer rights, there is a need for strict legal regulation of ipr abuse。
