摘要
诉权滥用者将相对人拖入疲于应付的诉讼,意图达到非法目的。我国理论界普遍将其定性为一种侵权行为,并以此为理论依据提出了相应措施。文章论证了用侵权理论应对专利诉权滥用的局限性,并从保障诉权、维护法律确定性以及预防损害的角度,提出并论证通过优化相关制度设计而防范专利诉权滥用的思路。
One is considered to abuse patent litigation when he is clearly aware that his patent may be legally nullified or simply not infringed. Abuse of patent litigation, which is maliciously utilized by some patentee to trouble his business competitors, is usually regarded as a tort. However, when it is treated with tort, there is some confusion in identifying the component, such as intention, legally required in finding tort. The paper suggests a way out, i.e. to preclude patent litigation abuse by refining the relevant laws.
出处
《知识产权》
CSSCI
北大核心
2017年第10期22-34,共13页
Intellectual Property
关键词
诉权滥用
专利诉权滥用
侵权行为
诉权滥用的防范
abuse of litigation
abuse of patent litigation
tort
preclusion of litigation abuse
