Abuse of law: from general to specific (using the example of patent rights)

Abstract

The problem of abuse of law continues to be at the center of scientific discussions, being at the same time one of the most acute in law enforcement practice. There is still no certainty in the legal qualification of the abuse of the right: a special type of offense, illegal / illegal action, quasi-delict. National laws often do not define clear consequences of abuse of the right. Uniform approaches to the typification of abuses of the right in general and special norms of the law have not been developed either. At the same time, it is obvious that the abuse of law is a special protective boundary, ensuring a balance of private and public interests in all areas of civil law regulation. Of undoubted interest is the study of the abuse of rights in connection with the grounds and essence of subjective civil rights, and not with their formal structure. A separate complexity and promising direction of research is the problem of abuse of exclusive rights. The article presents the author's understanding of the abuse of subjective rights, its origins and prerequisites; in a comparative legal context, specific types of abuse of patent rights and features of their legal qualification are shown.