Intellectual Property Confirmation Non-infringement Litigation

Intellectual property rights recognition of non-infringement litigation is affected by the right of the right holder or interested party to declare the right,in order to eliminate the uncertain state caused by the intellectual property legal relationship,the relative person first filed with the right holder or the interested person as the defendant,requesting The court confirmed that there was no litigation infringement.This type of litigation is a new type of litigation that arises with the development of economic society.The theoretical community is still controversial about its nature,conditions of acceptance and trial procedures.China's intellectual property rights recognition of non-infringement litigation lacks independence in procedures,relevant legislation is not perfect,and lacks specific operability,and practical operations are also chaotic.By combing and analyzing the legal nature of China's "Intellectual Property Recognition Non-infringement Litigation System",the interests of the lawsuit,the conditions of acceptance and the problems in practice,this paper puts forward its own suggestions for constructing a more reasonable and effective litigation system.In addition to the introduction,the article consists of four parts.The basic contents are as follows:1.Overview of Intellectual Property Recognition Non-infringement Litigation.Since the development of this kind of litigation system,there is no specific provision on the litigation system in the substantive law,and the litigation system has not been clearly defined in the scope of the litigation law.In practice,the accused infringer needs to pass the authority to determine that he has no infringement in order to avoid the uncertain risk of his own rights.In the nature or type of litigation,the theoretical circle is still in dispute over whether the litigation system is an infringement suit or a confirmation suit.The lawsuits for confirmation and infringement differ greatly in the fundamental issues such as the purpose of examination,the appeal of both parties,and the purpose of litigation.In fact,the two are not the same type of litigation,and the criteria for division are different.It is more appropriate to classify intellectual property rights non-infringement lawsuits as negative confirmations.The special function of such litigation in preventing legal risks and balancing the interests of related subjects is an important reason for its universal recognition.2.intellectual property rights analysis of non-infringement lawsuits.The interest of the lawsuit is thetheoretical pillar that supports the intellectual property rights to confirm the non-infringement lawsuit.The interest of the lawsuit is the necessity of requesting civil lawsuits to provide relief for the infringed civil rights.Our country's law requires the parties to sue on the premise that the right holder has a warning letter or lawyer's letter in advance,and the plaintiff is accused of the infringer.As a result,substantive disputes have been formed between the original defendants of such lawsuits,and the interests of the plaintiffs are in an uncertain legal risk,and it is necessary to confirm them through litigation.The reminder or warning issued by the right holder to the relative person in advance also promotes the formation of a corresponding legal relationship between the two parties,and is also a condition for the parties to negotiate legally through the law.3.Intellectual property rights confirm the acceptance conditions of non-infringement litigation.The general conditions for acceptance of such litigation are self-evident,and in terms of special acceptance conditions,first of all,the scope of the plaintiff who can bring a lawsuit,in the typical rights holder-seller-producer relationship chain,the plaintiff confirming the non-infringement lawsuit should Including producers.The type of case should not be limited to copyrights and patents,but should be extended to the entire range of intellectual property rights.The level jurisdiction of intellectual property disputes is certain,and the difficulty of territorial jurisdiction issues lies in the definition of the place of infringement.If the accused infringer and the product manufacturer are the same subject,the court of manufacture or the defendant's domicile has the right.Jurisdiction;if the plaintiff and the product seller belong to the same subject,the jurisdiction should also be restricted to the court where the product is sold,and cannot be extended to other sellers.4.China's intellectual property rights confirm the system construction of non-infringement litigation.It can be seen from the case that such litigation is highly controversial in China's practice.The infringement lawsuit and the confirmation lawsuit are independent of each other,and the infringement lawsuit absorbs the lawsuit that confirms the infringement,and the confirmed lawsuit cannot cover the appeal of the infringement lawsuit.For the plaintiff's request for compensation,the court can only support the plaintiff's claim for compensation if the infringement warning is improperly caused to cause damage to the plaintiff's rights.The counterclaim litigation claims whether the plaintiff's conduct in this lawsuit infringes on the intellectual property rights of the other party.Therefore,the people's court that accepts the infringementsuit receives the counterclaim file filed by the defendant and is obliged to accept it.In the connection between civil litigation and administrative litigation,civil litigation resolves the fact of infringement,and administrative litigation is dealt with on the result of civil litigation.This system is reasonable.