Doctrine of Abuse of Rights in the chnageing face of intellectual property law
Date Issued
2014
Date
2014
Author(s)
Hsu, Wei-Ting
Abstract
The doctrine of abuse of rights draws the boundary of enforcing rights. But the ambiguity and uncertainty of the concept give this doctrine an elusive nature, changing with development of law system, judging case by case. In the region of intellectual property (IP), the doctrine of abuse of rights becomes even more difficult to grasp than in real property, due to the fast changing and intangible nature of IP.
IP law contains a hefty dose of policy factors. Providing exclusive privilege for technology in exchange of publication, economic incentive to create culture and artwork, or protecting trademark against consumer confusion. In order to accomplish these purpose, IP law imposed many limitations or exceptions to exclusive rights within. On the other hand, doctrine of IP abuse (or misuse) as exceptions of law also restricted inadequate behavior or enforcement conduct by right holder. What is the difference between these restrictions? Is there any connection or interaction between restrictions? These are the main concern of this thesis.
Start with summarizing the content of intellectual property rights (IPRs) and The doctrine of abuse of rights, this thesis attempts to figure out all the difference between IPRs and real property, and the that difference between patent, copyright and trademark which will affect using of doctrine of abuse. Second, exploring the history of misuse, inadequate conduct and other abuse of IPRs cases in America and Japan, to examine the practice of IPRs abuse in Taiwan with these international experience.
In the new age of IP, the shifting of IPRs content and the diversified way of performance have triggered a wave of rethinking about IP system. To moderate these conflict, the exercising of IP abuse doctrine become more and more important. To reform IP laws, the perspective of IP abuse doctrine is indispensable. The proper use of doctrine of abuse could help us recall the purpose of IP system. Changing with IP regime, the core function of doctrine of abuse in IP should be clarify the boundaries of rights, enhance public using and categorize new abuse conduct for further amendment.
Subjects
權利濫用
權利失效不正行為
智慧財產權
專利蟑螂
Type
thesis
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