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治“碰瓷”才能真保护(纵横)
Ren Min Ri Bao· 2025-12-02 22:33
Core Viewpoint - The Supreme People's Court has released typical cases of malicious litigation in intellectual property, highlighting the need for stricter legal governance to combat "patent trolling" and protect the innovation and business environment [1][2]. Group 1: Malicious Litigation Recognition - The court has clarified the criteria for identifying malicious litigation, emphasizing the importance of determining the intent behind intellectual property lawsuits to effectively combat "patent trolling" [1][2]. - In a case involving a utility model patent for a "finished can," the court ruled that the plaintiff's lawsuit was not for legitimate rights protection but aimed at delaying the defendant's IPO, thus constituting malicious litigation [2]. Group 2: Compensation for Malicious Litigation - The court has defined the scope of damages for malicious litigation, ensuring that those engaging in "patent trolling" cannot profit from their actions [2][3]. - The principle of "comprehensive compensation" was established, requiring that victims of malicious lawsuits receive full compensation for both direct costs, such as legal fees, and indirect losses, such as lost business opportunities [3]. Group 3: Broader Implications for Intellectual Property Protection - The need for a collective societal effort to combat malicious litigation is emphasized, including public awareness campaigns and institutional improvements to increase the costs of false and malicious lawsuits [3]. - A multi-faceted approach is necessary to achieve the goal of protecting genuine innovation and supporting development driven by innovation [3].