The legal level of intellectual property abuse includes, inter alia:
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 and administrative regulations, to the detriment of the interests of others, of social goods or to restrict the exclusion of competition. Such behaviour not only runs counter to the original intent of intellectual property law, but also undermines a fair competitive order in the market。
Ii. Main types of intellectual property abuse
The exercise of intellectual property rights by rights holders goes beyond the legal rights themselves. For example, 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 violates the intellectual property rights of others。
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. For example, by restricting other operators ' access to markets or their ability to compete, through tying, exclusive dealing, etc., they gain an undue competitive advantage。
Legal regulation of intellectual property abuse
To curb the abuse of intellectual property rights, we have established a comprehensive legal system, including the copyright act of the people's republic of china, the patents act of the people's republic of china and the trademarks act of the people's republic of china. These laws clearly define the scope of the right to intellectual property, the manner in which it is exercised and the duty to infringe, and provide a powerful legal tool to combat intellectual property abuse. At the same time, my country is actively involved in international intellectual property cooperation and exchange and in strengthening cooperation and coordination with other countries and regions to address the global problem of intellectual property abuse。
Legal consequences of intellectual property abuse
In the case of intellectual property abuse, rights-holders may face a range of legal consequences. In the first place, its abuse may be considered invalid or withdrawn. Second, rights-holders may be subject to civil liability for cessation of the violation and compensation for damages. In addition, rights-holders may be held criminally liable if the abuse constitutes a crime. These legal consequences are aimed at penalizing ipr abuse and protecting a fair competitive order in the market and the legitimate interests of consumers。
