Studies On Confirmation Non-infringement Action Of Patent In China

With the development of the economy,people's awareness of patent property rights is gradually increasing.Patent applications have become an important way for knowledge to transform into wealth.The promotion of economic society is obvious.Many small technological changes can bring about huge social changes.Under such a realistic background,it has become the consensus of people to increase the protection of patented technology and actively defend their rights.The issue of non-infringement in the field of patent rights has naturally attracted people's attention.At the same time,some controversies have followed.These disputes urgently need to be resolved fairly and reasonably.Confirmation non-infringement action of patent are produced in this large social context and are gradually formed in judicial practice.The establishment of its system plays an extremely important role in maintaining a fair and orderly economic market order,and can further unlock the power of knowledge creation.At present,the research of this system is still in the exploratory stage,mainly reflected in the fact that the legal norms have not been perfected.In the theory of jurisprudence and judicial practice,there are still many disputes about how to deal with such litigation better.Therefore,it is more in-depth study of legal protection,clarifying the macro orientation of the system in judicial practice,and further refining the specific operation of the rules can provide more theoretical support for future legislation,judicial and academic practice,and it is beneficial to the development of the system.The article mainly includes three main parts:introduction,body and conclusion.In the process of writing this article,the author conducted a systematic and systematic study of the system relying on the existing legal norms from the perspective of the combination of civil law and the principle of civil procedure law.The main content can be divided into the following sections:The first part:firstly,the concept,historical evolution,legal basis and institutional value of the litigation system are elaborated in detail,trying to make the reader have a overall grasp and clear understanding of the system,aim to later discover and solve the problems of the system.The second part:mainly analyzes the legal nature of confirmation non-infringement action of patent and its current theoretical controversy,and makes an in-depth analysis of its dispute and puts forward its own viewpoint.It also compares the relevant systems of the United States and the United Kingdom in the Anglo-American legal system with the relevant systems of France and Germany in the civil law system,which leads to the reference of other countries'experiences.The third part:firstly,it analyzes the current status of the legislation and the status of judicial implementation,and explores the problems that need to be solved.Then it analyzes the problems existing in the system's liability distribution and administrative litigation in parallel,in order to better provide reference for the improvement of judicial protection.The fourth part:the above-mentioned shortcomings of the system in the legislative and judicial practice,the author put forward six suggestions for improvement:the first,reference the US compulsory counterclaim system;the second,analyze the difference and connection between administrative litigation and confirmation non-infringement action of patent;the third,clear and improve acceptance conditions;the fourth,clear and improve the burden of proof;the fifth,clear and improve legal responsibility;the sixth,the type of litigation into the trial mechanism of"three review to unite as one".The convergence of the four parts constitutes the core content of this paper.Through a detailed study of the four parts,we can have a clearer understanding and grasp of the system and appreciate the core essence of the article.Final conclusion:a brief summary of the content of the article and elucidation of some future expectations.