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知识产权滥用行为本质上是超越知识产权行使界限的行为,其要求行为人享有知识产权、行为人主观有过错、行为人实施了违法行为、有损害事实的发生,且损害事实和损害行为之间有因果关系。当前我国相关立法对知识产权滥用之规制主要有经济法手段、民事法手段和行政法手段。文章认为我国应进一步明确知识产权滥用的范围,实现反垄断执法机制与知识产权滥用规制的衔接,并明确知识产权滥用的判定标准。
The abuse of intellectual property is essentially an act that goes beyond the limits of the exercise of intellectual property rights. It requires the perpetrator to enjoy intellectual property rights, the actor has a subjective fault, the perpetrator violates the law, damages the facts, damages the facts and damages the behaviors There is a causal relationship. At present, the laws and regulations governing the abuse of intellectual property in our country’s relevant legislation mainly include the means of economic law, the means of civil law and the means of administrative law. The article holds that our country should further clarify the scope of abuse of intellectual property, realize the connection between the antitrust enforcement mechanism and the regulation of abuse of intellectual property, and clarify the judgment standard of abuse of intellectual property.