Suit On Affirmation Of No Tort And The Case Analysis

Recognition of non-infringement in intellectual property rights is one typical kind of judicial cases in recent years, which first appeared in lawsuits of the recognition of non-infringement in patent. Recognition of non-infringement is not unique only in intellectual property rights field, while it draws people's attention starting only because of more and more associated intellectual property rights cases in recent years. But lack of a systematic in-depth study of theory currently, there is no clear legal provisions as well. For the recognition of non-infringement in many aspects, such as determination principles are in a wide range of disputes.In this essay, the lawsuit of recognition of non-infringement in patent accepted by Xi'an Intermediate People's Court, (between Xi'an Yizhili Pharmaceutical Co., Ltd. and Jiangsu Kangyuan Pharmaceutical Co., Ltd.) will be analyzed as an example. Combined with theories of civil proceedings and relevant domestic and international cases, analyzing the juridical principles of Xi'an Intermediate People's Court, it indicates that case should be a negative lawsuit of recognition of non-infringement and admissibility conditions should be the same with general civil cases according to the code of civil law.Recognition of non-infringement is for the protection of intellectual property rights. Its existence must be reasonable and have a positive significance. However, as the legal protection for criminal suspects in criminal cases, the more perfect legal system, the more rights-based balance. The lawsuits of Recognition of non-infringement should be considered to be the lever to be against with the abuse of the rights. While in order to prevent possible abuse of recognition of non-infringement, it should be limited by the provisions of applicable conditions. Courts have to make use of the determination principles seriously for maximizing the values of intellectual property rights.Recognition of non-infringement should follow the principles of fair competition and rights balance, so that both sides'people of Intellectual property rights and obligations will be protected by law. Even in conflicts, interests and rights of all parties can be balanced,。Chinese law should learn from the juridical practices of both Civil Law and Common Law, for improving the legal system of intellectual property law and civil law in civil legislation, and providing a legal basis for judicial practice.