Research For Non-infringement Of Intellectual Property Rights In China

In the international area, the aclion of non-infringement of intellectual property rights is an important way to deal with tort remcdy against abused right-holders, is made the threat letters actionable for the recipients. Dcyeloped countries provide a variety of intellectual property laws and regulations to protect intellectual propcrty of their businesses, to monopolize the international market, to curb the development of developing countries and making benefits through it. In practice, people often send warning letters with fictional facts to slander competitors, but neither a positive solution is brought. nor claim the rights to judicial and administrative authorities to solve the dispute-Making the right stakcholders in indeterminate state. seriously disrupting the market economic order. And this time. non-infringement of intellectual property rights is recognized complaint is an important means of preventing human rights abuses.Non-infringement of intellectual property litigation complaint is recognized only recently appeared in our country. recognized as the first cuse is a legal basis for approval of the Supreme Court in July12.2002made, clear that the approval of the plainliff Suzhou Long Bao Bio Engineering Industrial Company may " request confirmation does not infringe the patent dispute" as the cause of action, to suc the Suzhou LangLiFu Co. for its spamming warning letters. opened up a precedent of such cases. However, the legislative intent of the relevant system has not been reflected in the neply, so then people’s courts in dealing with similar cases also had it different opinion. In effect until2008."the provisions of the cause of action in civil eases," such was formally recognized by the People’s Court. which was first identified152cases of confirmed non-infringemeni dispute. However. the legal basis for the admissihility of. as from January1.2010implementation of the " Supreme Court to hear patent infringement disputes the interpretation of the application of Law (hereinafter referred to as " patent dispute interpretation ") Article18only the first time to be clear confirmation of the action of non-infringement of intellectual property rights. Bui trademark. copyright field has not yet made a similar provision in urgent need of improvement.This article does not confirm the legal basis from the intellectual property rights infringement start. more comprehensive horizontal explores the relevant provisions of the various countries, a comprehensive analysis of the status quo of China’s judiciul practice und relaied issues. and put forward relevant sound advice.