A Complex Motive Alone Does Not Make a Lawsuit Malicious

A Complex Motive Alone Does Not Make a Lawsuit Malicious

Journal article

1 electronic resource (page 550–554)

Extract Civil Procedure Law of the People’s Republic of China (2017 amendment), Art. 13; Securities Law of the People’s Republic of China, Art. 78 paras. 1 and 2 – Guilin Company v Hunan Company Headnotes by the Editorial Office 1. When applying the principle of good faith to restrict parties’ abuse of their litigation rights, it is necessary to distinguish between a blind lawsuit and a reasonably failed lawsuit, otherwise it may result in improper restrictions on the parties’ exercise of their litigation rights. 2. A maliciously filed intellectual property lawsuit must meet the following constituent elements: (1) the filed lawsuit obviously lacks a legal basis or a factual foundation; (2) the plaintiff is aware of that; (3) it causes damages to others; (4) there is a causal relationship between the filed lawsuit and the damages. 3. The determination of a malicious litigation must adhere to the principles of prudence and modesty.

Crossref

GRUR International ; 74, 6, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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