How to deal with malicious intellectual property litigation

Malicious intellectual property litigation is intentionally intended to harm others, causing others to suffer losses, and there is no factual basis or justifiable reason to file a civil lawsuit, especially there is no rights basis in intellectual property litigation. So how to deal with malicious intellectual property litigation? The editor of Legal Savior Network will give you the answer!

How to deal with malicious intellectual property litigation

The parties shall, in accordance with the provisions of the Civil Procedure Law, respond to the alleged infringement of their personal It is the litigation right granted by law to file a civil lawsuit for the conduct of property rights and interests, and to apply to the court for evidence, property preservation and other measures during the litigation process. Even if its claims are not supported by the court in the final judgment, it cannot be easily considered that its litigation actions are subjectively malicious.

Malicious patent litigation is an abuse of patent rights from the perspective of the exercise of rights. Therefore, patent law is often an important institutional resource for regulating malicious patent litigation. At present, my country's patent law stipulates exceptions in which the invalidation of patent rights does not have retroactive effect on judgments and mediation documents when the patentee's malicious litigation behavior causes losses to others. In the event that the patent right is declared invalid after the judgment or mediation letter comes into effect, a certain degree of punitive measures are also provided for malicious litigation against the patentee.

The concept of malicious litigation on intellectual property rights can be defined as : The actor initiates and carries out intellectual property civil litigation due to fault and without legal and factual legal and reasonable basis, causing damage to other people's property or personal life, or conducts litigation procedures for some illegal purposes that cause damage to others , including intellectual property civil malicious litigation and intellectual property abuse litigation procedures.

To sum up, the illegality of malicious intellectual property litigation does not lie in filing the lawsuit itself, because filing a lawsuit is the basic right enjoyed by the parties. , its illegality is mainly reflected in the fact that there is no objective basis for the filing of the lawsuit, that is, no rational litigant will think that the lawsuit has a chance of success.

The editor's summary ends here. If you have more questions in this regard, welcome to For consultation, Legal Savior Network provides professional legal consulting services, and a professional team of lawyers will answer your questions.