The declaratory judgment of non-infringement is a relatively new
type of intellectual property related actions in China. Since 2002,
the People's Courts have handled a number of cases involving
declaratory judgment of non-infringement of IP rights, including
patents, trademarks, copyright, and unfair competition. This
article summarizes the state of such actions in China, including
conditions for acceptance, jurisdiction issues, and the interaction
between declaratory judgment action and the related infringement
action.
State of IP Declaratory Judgment Actions in China
1. The legal basis for declaratory judgment of non-infringement
in China
There is no direct provision regarding declaratory judgment of
non-infringement in the Chinese law. The legal basis for such cases
is generally considered as being provided by the Supreme
People's Court in a 2002 Written Reply concerning a patent
dispute between Suzhou Longbao Bioengineering Co. (Longbao) and
Suzhou Langlifu
