Our understanding of the abuse of intellectual property rights （IPR） should be based on a thorough clarification of the relationship between the exercise of such rights and their abuse. Although the two are related,...Our understanding of the abuse of intellectual property rights （IPR） should be based on a thorough clarification of the relationship between the exercise of such rights and their abuse. Although the two are related, they definitely cannot be simplistically equated. This is because exercising such rights outside the sphere of IPR is not an abuse of IPR. Whether the act of exercising IPR on an exclusive basis constitutes an abuse of IPR must be determined by whether it is legitimate. Inappropriate exercise of IPR is essentially different from abuse of IPR. To prevent acts of IPR abuse, we need to think in terms of institutional rationality. Such thinking .is twofold. On the one hand, it involves resolving conflicts of interests arising from IPR use on the basis of legal justice and making correct judgments about conflicts of interests and legal justice, so as to strike a balance between the satisfaction of interests and public order and security. On the other, it encourages us to devote more attention to the social function of IPR on the basis of private rights. Modem societies are not only obliged to promote the cause of protecting private rights; they should also place greater emphasis on the social function of rights, and especially on enhancing the relationship between social development and the social function of IPR.展开更多
文摘Our understanding of the abuse of intellectual property rights （IPR） should be based on a thorough clarification of the relationship between the exercise of such rights and their abuse. Although the two are related, they definitely cannot be simplistically equated. This is because exercising such rights outside the sphere of IPR is not an abuse of IPR. Whether the act of exercising IPR on an exclusive basis constitutes an abuse of IPR must be determined by whether it is legitimate. Inappropriate exercise of IPR is essentially different from abuse of IPR. To prevent acts of IPR abuse, we need to think in terms of institutional rationality. Such thinking .is twofold. On the one hand, it involves resolving conflicts of interests arising from IPR use on the basis of legal justice and making correct judgments about conflicts of interests and legal justice, so as to strike a balance between the satisfaction of interests and public order and security. On the other, it encourages us to devote more attention to the social function of IPR on the basis of private rights. Modem societies are not only obliged to promote the cause of protecting private rights; they should also place greater emphasis on the social function of rights, and especially on enhancing the relationship between social development and the social function of IPR.
