The Supreme Court clarifies the standard for determining malicious lawsuits: knowingly suing without legal basis constitutes infringement.

date
28/02/2026
On February 28th, the Supreme People's Court issued a special guiding case titled "Strengthening Judicial Protection of Intellectual Property Rights in Technological Innovation." In one case of liability dispute caused by maliciously filing intellectual property lawsuits, it clarified the elements of malicious lawsuits: knowingly filing patent infringement lawsuits against others despite lacking a legal basis or factual evidence to support their claims, thereby harming others' rights, constitutes malicious litigation abusing the right to sue and should bear liability for infringement.