On The Research Of Infringement Confirmation

When the case described in case 1 and case 2 occurs,how the parties to safeguard their legitimate rights and interests.Intellectual property rights to confirm the infringement of the case to the case 1,case 2 parties to resort to legal means to provide a reference,Yixing case is to further promote non-infringement confirmed into the litigation,this is the real basis of the infringement confirmation of the complaint into the litigation.The unique value of infringement confirmation of the suit in eliminating the "infringer" uneasy state,protect the "infringement" of the exercise,Playing the advantages of public relief,protecting the "infringer" input and output optimization,the existence of these values complements the fact that such litigation is independent.As the subject of litigation to determine the basis of the new split the limbs that the introduction of non-infringement to confirm the complaint,so that the content of the subject matter of the litigation to be determined,The use of litigation standards can also effectively identify the repeated prosecution,to avoid the proliferation of such litigation.No infringement confirmation of the complaint into the trial stage,the introduction of the interests of the parties to judge the parties are qualified or not,to further achieve the purpose of limiting such litigation to a reasonable size and scope.These aspects of the discussion of the determination of the jurisdiction of the court,the burden of proof,the adjustment of the litigation department,the beginning of the limitation of action,the expression of the main body of the referee,the objective scope of the res judicata,and put forward the corresponding solution to the application to practice has a strong guiding role.