Ipglossary.com is a practical glossary for managers, executives and technologists as well as lawyers working in IP in an international environment. The glossary provides practical explanations of key legal and business terms in a large number of technology related fields including intellectual property, licensing, venture capital, corporate and securities law, antitrust and competition law, and of course terms relevant to technology, in general. Read more
Most civil-code jurisdictions (e.g., Germany, Japan), but not common law jurisdictions (e.g., United States, England), have a general probation on the abusive exercise of legal rights, i.e., the use of a legal right in an anti-social, malicious, or unduly unfair manner. The ability of a judge to refuse to enforce a legal right or contract as abusive is usually set forth in the civil code and can be used with varying frequency. Although abuse of rights is a civil law concept, the decision of a judge to apply the doctrine is likely to be heavily influenced by precedent, i.e., prior decisions, in a manner akin to the common law system.
