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“碰瓷”IPO?!专利恶意诉讼专挑关键期!规制“组合拳”来了
证券时报· 2026-03-15 23:50
Core Viewpoint - The article highlights the increasing prevalence of malicious patent lawsuits targeting technology innovation companies during their IPO processes, which disrupts the capital market and hinders competition [1][3][11]. Group 1: Malicious Lawsuits Impacting IPOs - Companies like Yushu Technology and Lingge Technology have faced malicious patent infringement lawsuits from non-industry competitors during critical IPO stages, leading to halted listings and valuation fluctuations [1][3]. - Since 2025, a total of 53 companies have been involved in 133 judicial cases during their IPOs, with 10 cases related to industry competition and invention patents [5]. - The lawsuits are often characterized by unreasonable claims, such as a company demanding 8 million yuan in compensation while later reducing the claim to 500 yuan, indicating a lack of genuine intent to protect rights [3][7]. Group 2: Legal and Regulatory Responses - The Supreme People's Court has established clear standards for identifying malicious lawsuits, focusing on the stability of patent rights, the legitimacy of the lawsuit's purpose, and the persistence of malicious behavior [7][8]. - Legislative and regulatory bodies are actively working to combat malicious patent lawsuits, with suggestions for a cross-departmental enforcement mechanism and a patent credit evaluation system [11][12]. - The Supreme Court and the China Securities Regulatory Commission have issued guidelines to strictly enforce laws against malicious lawsuits that disrupt the IPO process, emphasizing accountability for those who engage in such practices [12]. Group 3: Recommendations for Companies - Companies are advised to enhance their legal awareness and conduct thorough intellectual property due diligence before initiating IPO processes, including assessing the stability and clarity of their core patents and trademarks [13]. - Establishing a rapid response mechanism to monitor competitors' patent activities and potential lawsuits is crucial for mitigating risks during the IPO phase [13]. - Companies should proactively manage intellectual property risks as a core component of their IPO preparation rather than as an ancillary issue [13].
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
证券时报· 2026-03-04 15:13
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].