HONDA 자동차 사건을 통한 중국의 불침해 확인의 소에 대한 고찰

Confirming no infringement of patent right in China

As a new type of litigation, lawsuit of confirming no infringement of patent right is an important remedy for patent infringement litigation in China. However, because of its unique features, it would be difficult for foreigners to comprehend. One of important features of confirming no infringement of patent right is that the lawsuit is sued by the suspected infringer, instead of patentee, such that it seeks for the balance of power between the patentee and the suspected infringer. Nowadays, forum shopping is more critical in China to avoid its regional protectionism. Because the lawsuit of confirming no infringement of patent right is sued by the suspected infringer, the suspected infringer can select jurisdiction where it would be favorable to him or her. To protect patentee’s right properly and prevent from unexpected damages, we should have an attention to China’s confirming no infringement of patent right.