The current judicial interpretations have established a system of"rule to dismiss the action first and initiate a separate action"to save judicial resources and improve the efficiency of patent infringement ...The current judicial interpretations have established a system of"rule to dismiss the action first and initiate a separate action"to save judicial resources and improve the efficiency of patent infringement action trials.After a patent has been declared invalid by the China National Intellectual Property Administration(CNIPA),the court that tries the patent infringement dispute may procedurally rule to dismiss the action.However,under such circumstances,is it possible for the accused infringing party to initiate an action for confirmation of non-infringement?In this article,the author discusses this issue in reference to a judgment made by the Supreme Court.展开更多
文摘The current judicial interpretations have established a system of"rule to dismiss the action first and initiate a separate action"to save judicial resources and improve the efficiency of patent infringement action trials.After a patent has been declared invalid by the China National Intellectual Property Administration(CNIPA),the court that tries the patent infringement dispute may procedurally rule to dismiss the action.However,under such circumstances,is it possible for the accused infringing party to initiate an action for confirmation of non-infringement?In this article,the author discusses this issue in reference to a judgment made by the Supreme Court.
