Research On Suit For Declaration Of Patent Non-infringing

Suit for declaration of non-infringing is a negative suit of declaration which occurs in the field of intellectual property. This kind of legal system offers the public an opportunity to restrict the misuse of intellectual property and urge the right-holder to exercise their rights properly. Suit for declaration of patent non-infringing is the subgroup of Suit for declaration of IP non-infringing. It is of great necessity to discuss this issue, no matter in the aspect of legal theory or in the aspect of practice. There are four chapters in the thesis making analysis and summarization on these issues.The first chapter begins with the definition and characteristics of Suit for declaration of patent non-infringing, introducing the value of this kind of action and its relationship with other suit for declaration of IP non-infringing. This chapter gives prominence to the necessity of introducing suit for declaration of non-infringing to patent system.The second chapter introduces the application of suit for declaration of patent non-infringing. This chapter is based on the judicial interpretation. It discusses the matters such as conditions of admissibility of a case and venue issue, coupled with the evaluation of our nation's suit for declaration of patent non-infringing.The third chapter is based on the cases at home and abroad. It introduces the application of suit for declaration of patent non-infringing. This chapter also comprises the condition of admissibility in China and America. The fouth chapter probes into the declaratory judgment system in Anglo-American law system and compulsory counterclaim system in American law system. The thesis suggests that China can draw lessons from declaratory judgment and compulsory counterclaim system in order to consummate our suit for declaration of patent non-infringing.