A confirmation action of non-infringement on patent rights is an IP infringement action: its connection point of territorial jurisdiction shall be determined in accordance with Article 28 of the Civil Procedure Law; its “infringement” shall be construed as the alleged patent infringement and its “infringement place”, as the connection point of territorial jurisdiction, the place where the alleged patent infringement takes place or where the result of the alleged patent infringement occurs.

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Nanjing Blue Thai Transport Facilities Co., Ltd. v. Dizhou New Energy Technology (Shanghai) Co., Ltd.

  • Hongwei Ou

摘要

A confirmation action of non-infringement on patent rights is an IP infringement action: its connection point of territorial jurisdiction shall be determined in accordance with Article 28 of the Civil Procedure Law; its “infringement” shall be construed as the alleged patent infringement and its “infringement place”, as the connection point of territorial jurisdiction, the place where the alleged patent infringement takes place or where the result of the alleged patent infringement occurs.