Analysis Of A Pharmaceutical Company Vs A Pharmaceutical Company On Confirm-no-tort

Claim of confirm-no-tort is a new type of case in Judicial practice in recent years,first appeared in claim of confirm-no-tort of patent, it overturned of the traditionallawsuit alleged infringement of the right holder is the plaintiff and the defendant isthe judicial relief mode. Due to the development of the intellectual property career inrecent years, and the related intellectual property cases emerge in endlessly, itgradually caused attention from all sections of people, but in such cases at presentthere are many controversial theory, and also no clear rules in the law. The currentjudicial practice, for such is the hearing of the case in the dark gradual, but from thefirst claim of confirmation-no-tort so far, although formed a set of guiding thepreliminary hearing such cases standard, but with the trial practice constantly updated,the development of the theory of judge, the dispute between emerging gradually. Thelegal nature of the claim of confirmation-no-tort, is essentially request the court toconfirm whether a certain behavior infringe others shall have the right to anintellectual property right, clear the legal relationships between the two parties,belong to declaratory judgment, in particular, is a kind of denied declaratory judgment.In order to prevent abuse of the alleged infringement of the right and make the rightholder in the endless litigation, avoid to cause the waste of judicial resources andmake better balance between the parties to the interests of the intellectual propertyrights. In the confirmation of the conditions of admissibility, in addition to meet thebasic conditions of admissibility in the civil procedure law, still should provided morestrict application conditions. About the determining of competent court, shallestablish where the defendant has his domicile or habitual residence determinecompetent court is given priority to, the plaintiff has his domicile or the competentcourts of the habitual residence complementary, and only when confirmed that don’tinfringe intellectual property rights of the accused of lawsuit of foreign citizens, legalpersons and civil action of the main body, the plaintiff has his domicile or habitualresidence court to have jurisdiction.