全国人大代表、上海高院院长贾宇: 加强规制专利恶意诉讼 推动形成全链条治理体系

Core Viewpoint - The article emphasizes the need to strengthen regulations against malicious patent litigation and improve the legislative framework for prepaid elderly care services, aiming to protect innovation and consumer rights in these sectors [1][10]. Group 1: Regulation of Malicious Patent Litigation - The suggestion to enhance regulation of malicious patent litigation aims to create a comprehensive governance system that includes identification, punishment, prevention, and collaboration [5][6]. - A case involving Hangzhou Luwei Meirihua Co., Ltd. suing Yushu Technology for patent infringement highlights the misuse of patent rights for competitive advantage, which undermines judicial credibility and stifles innovation [5][8]. - The proposal includes establishing a cross-departmental enforcement mechanism and a credit evaluation system to monitor and penalize entities engaging in malicious litigation [6][8]. Group 2: Protection of Key Core Technologies - The Shanghai courts have focused on protecting key core technologies, with significant judicial actions taken in sectors like integrated circuits, biomedicine, and artificial intelligence, resulting in 5,440 cases adjudicated in the past year [8][9]. - In 2025, the total compensation awarded to plaintiffs in patent infringement cases reached 2.03 billion yuan, with punitive damages awarded in 46 cases totaling 170 million yuan, reflecting a 50% increase year-on-year [8][9]. Group 3: Improvement of Prepaid Elderly Care Services - The article discusses the need for legislative improvements in prepaid elderly care services to prevent exploitation by service providers, who may use unfair terms and engage in fraudulent practices [11][12]. - Four key legislative recommendations include prohibiting unfair contract terms, establishing regulatory oversight for new prepaid care models, banning disguised real estate sales under the guise of elderly care, and enforcing strict penalties against misleading advertising [12][13].