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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].
最高法发布治理知识产权恶意诉讼典型案例
Xin Hua She· 2025-11-19 09:54
Group 1 - The Supreme People's Court has released five typical cases to combat malicious intellectual property lawsuits, aiming to create a fair research and innovation environment [1] - A case involving a utility model patent related to "guide rails" highlighted the issue of malicious lawsuits, where a manufacturer received a lawsuit after fulfilling an order based on provided technical drawings [1] - The court dismissed the lawsuit from the new materials company and later ruled in favor of the manufacturer, ordering compensation for economic losses due to malicious litigation [1] Group 2 - The Intellectual Property Court of the Supreme People's Court will impose severe penalties on malicious litigants and promote integrity in exercising litigation rights [2]