| China has not made specific provisions on the patent infringement warning letter system,the Supreme People’s Court in 2009 for the first time established the court accepted the confirmation of non-infringement of patent litigation admissibility conditions, which is the first time in China’s patent infringement warning letter concept. The patent infringement warning letter is a common way for the patentee to maintain his own legal patent. This relief is not prerequisite for the court to make an infringement judgment.The patentee can reach the purpose of stopping the infringement by means of an infringement warning. Patent infringement warning letter is a convenient and quick way to resolve patent infringement disputes through the patent infringement warning letter between the parties can choose to resolve without a complex process of litigation,compared to patent infringement litigation long complex investigation and evidence collection process, The low cost of the patent infringement warning letter, the patentee to save a large amount of litigation costs, but also play a legal effect of disrupting the statute of limitations,and for the seller’s subjective fault has a proven role. In real life warning letters are often malicious abuse, resulting in a huge economic loss by the letter.There are two kinds of doctrines about the legal nature of the abuse of patent infringement warnings. One is unfair competition and the other is abuse of rights.Unfair competition that the performance of the behavior of the behavior of people in order to hinder the development of competitors, damage to their business reputation deliberately sent with fabricated, spread false facts of the warning letter; rights abuse that the patentee has a legitimate patent, but deliberately sent an improper patent Infringement warning letter to damage the reputation of the recipient, improper patent infringement warning letter main content improper, improper transmission and send the wrong object three cases. The infringement of patent infringement has seriously damaged the business reputation of the correspondent and caused great losses to the correspondent. Such improper conduct should be sanctioned by law, but our law itself does not provide for the patent infringement warning letter, Then the legal action for the abuse of the warning is more legal regulation, judicial practice, we can confirm the infringement of patent infringement, unfair competition and infringement of legal rights of the three aspects of the abuse of patent infringement warning The act of relief. The perpetrator sent a warning letter after the alleged infringer in writing to complain,neither the right to sue or withdraw the warning letter in the case of the alleged infringer has the right to the court to confirm the infringement of the patent infringement, the court decision does not exist patent Infringement facts. But to confirm that infringement of patent litigation also has some limitations, only to a certain extent, to stop the abuse of warning letters, and can not effectively make up for the loss suffered by the letter.The way of relief against unfair competition is mainly in the way of the messenger through the fabricated hypocrisy to damage the business reputation of the letter of relief,unfair competition to the relief of the amount of compensation and the burden of proof of these two aspects of the perfect The The patent infringement warning letter sent by the perpetrator undermines the legal person’s right of reputation, and the legal person who is charged with infringement may file a violation of the legal person right in accordance with the law in order to pay relief to his own loss. The act of infringing the patent infringement warning letter shall be tort liability, and the legal liability shall be mainly to stop the infringement, to eliminate the influence, to restore the reputation, to apologize and to compensate for the loss. |
