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发布网友发布时间：2022-11-01 07:23

共2个回答

热心网友时间：2023-10-18 22:36

The intellectual property rights abuse the right person which refersto the intellectual property rights by not the improper way toexercise own right, has surpassed the scope or the right boundarywhich the law permits, causes not right to use to this right, harmsthe other people and the social public interest. The intellectualproperty rights abused have harmed the intellectual property rightslaw drive innovation, the fair competition and the benefit balancevalue goal. The intellectual property rights abuse mainly include the patent toabuse, the copyright abuse with the trademark rights abuse. The patentabuses is refers to the patent person to abuse own patent superiority,the harm effective competition behavior. The copyright abuses besidesabuses with the patent equally has the harm competition the behavior,but also includes the harm public to gain the information freeinvasion public domain the behavior. The trademark rights abuse mainlyare refer abuse trademark exclusive rights, the prohibition trademarkreasonable use or violate the right to exhaust the principle, the harmcompetition behavior. The intellectual property rights are entrust with the right personreasonably to repel the competitor, alone enjoys the resources and themarket system arrangement, in under the benefit maximizationactuation, the right person then possibly abuses its right to form themonopoly. The limit intellectual property rights abuse are now thevarious countries development tendency. Our country limits theintellectual property rights to abuse not only has its realisticnecessity, but also has its theory necessity. Therefore, in order topromote the effective fair competition, maintains the public benefit,the realization intellectual property rights system innovationmechanism, our country must profit from the overseas successexperience, unceasingly consummates the intellectual property rightsown system, formulates the counter- monopoly law as soon as possible,constructs legal framework which complete limit intellectual propertyrights abuses.

热心网友时间：2023-10-18 22:37

摘要：
IP refers to the abuse of intellectual property rights is the right person to improper exercise of their rights, beyond the law to the extent permitted by or proper limits on the right to the improper use, damage to other people and social and public interests. Intellectual Property damage abuse of intellectual property law encouraging innovation, fair competition and balance the interests of the value target. Abuse of intellectual property including patents abuse, the abuse of copyright and trademark abuse. Franchise franchise abuse is abuse their franchise strengths, undermine effective competition. In addition to copyright abuse and the abuse of the franchise as a damage-competitive practices, also including harm to the public free access to information in the public domain invasion behavior. Trademark abuse mainly refers to the abuse of trademark exclusive right to prohibit the use of reasonable trademark rights or violate the principle of exhaustion. harm competition. Intellectual property rights are the rights given reasonable to exclude competitors, exclusive resources and the market system, in the interest of maximizing the driver, the right people may abuse their rights and the formation of monopolies. Restrictions on the abuse of intellectual property rights is the world trend of development. Restrictions on the abuse of intellectual property rights in China is not only the reality of its need, but also its theoretical necessity. Therefore, in order to promote the effective and fair competition, the public interest is protected, intellectual property system innovation mechanism China must learn from the successful experience of foreign countries, and constantly improve its system of intellectual property rights, anti-monopoly law as soon as possible. Construction of a comprehensive restrictions on the abuse of intellectual property legal system.

关键词：

The exercise of intellectual property rights

Intellectual property abuse

Legal restrictions