Research On The Confirmation Of Non-Infringement Of Intellectual Property Rights

Infringement warning is an important means for the holder of intellectual property rights to safeguard their legitimate rights and interests.However,in recent years,the problem of the holder of intellectual property rights abusing infringement warning and maliciously affecting the normal production and operation of the counterpart has become increasingly prominent.In this context,the affected counterparts request the people’s court to confirm that the legal relationship of infringement does not exist.In order to balance the interests of both sides of intellectual property and effectively resolve disputes and contradictions,the litigation system of confirming non-infringement of intellectual property comes into being.Through the analysis of the data of litigation judicial documents,can be found in recent years to confirm no infringement lawsuit cases showed the trend of increasing year by year,however,due to the lack of legislation,the people’s court trials seem to still exist many controversial issues,especially in the acceptance conditions,scope of the claims,the effect of three aspects.The lawsuit of confirming non-infringement of intellectual property rights should be included in the lawsuit system of confirming non-infringement of intellectual property rights.It should be clarified by legislative norms that the lawsuit needs to have confirmation interests,and the acceptance conditions should be improved by enumerating infringement warning types,clarifying the content and form of notice and revising reasonable time requirements.The definition of the scope of the claim for such confirmation of non-infringement litigation should stick to the core position of the claim for confirmation and reject the claim for payment put forward by the plaintiff in this lawsuit.Based on the theory of res judicata,the people’s court should clarify the validity of the effective judgment of the action of confirming non-infringement of intellectual property from two aspects of subject scope and objective scope.