Confirmation of Non-infringement of IPR
In practice, it is very common that a patentee or a trademark owner would send warning letters to competitors or distributors. However, after sending out such warning letters, if the patentee or the trademark owner fails to take further action, then the receiver would be affected by such warnings, but the receiver could not get a judicial relief by claim for unfair competition. In order to prevent the abuse of IPR by the rights holders to restrict competition by such warning, the confirmation of non-infringement of IPR (“Non-infringement”) came into being. Non-infringement refers to the party whose interest is affected…