Studies On Confirmation Non-infringement Action Of Patent

The confirmation non-infringement action of patent has great practical significance in the patent disputes field.Judicial practice has proved this system plays an important role in preventing the abuse of patent rights,and has important implications to achieve fair competition and to maintain normal economic order.Since there is only a Judicial approval in 2004 and a Judicial interpretation in 2009 published by Supreme People's Court to regulate this suit in our country at present,the courts adopt different standards to handle the action.That directly affects functions of action against the abuse of patent rights.There is also a big discussion over the disposal thereof in the judicial academic world.Which property does this lawsuit belong to,how to determine interest of action and counterclaim are key problems.This article from the point of view of the theory of Civil Action combining regulations of the confirmation non-infringement action of patent,analysis property?substantive conditions?litigant participants?lawsuit jurisdiction and counterclaim of this lawsuit.Essentially,this lawsuit is one of the negative confirmation suits,but not a type of tort lawsuit.Such litigation has a legal interest that deserves relief and protection,in addition,object of action of this lawsuit is the plaintiff request confirmation does not exist a legal relationship with the defendant.To avoid conflicting judgments and improve judicial efficiency,it should allow the defendant to institute counterclaim in confirmation non-infringement action of patent.In addition,it can be considered that introduce compulsory counterclaim to settle disputes in one action.