Abstract
Patent infringement warning letters serve as an important means for patent holders to seek private remedies and constitute one of the key channels for negotiating the resolution of infringement disputes. In current practice, significant issues exist concerning the issuance of such letters, including inappropriate senders, recipients, content, timing, and delivery methods. Among these, improper content and inappropriate recipients are particularly prominent, reflecting a tendency toward abuse.
Although recipients of warning letters can seek legal remedies through lawsuits for unfair competition or actions for declaratory judgment of non-infringement, these public legal remedies are reactive and ex post in nature, addressing only the symptoms rather than the root causes. How to effectively regulate the improper use of patent infringement warning letters at the source remains an urgent issue in China's judicial practice.
Drawing on judicial case studies, comparative analysis of relevant foreign judicial experiences, and China's practical development, this article proposes recommendations for regulating the use of patent infringement warning letters. These include clarifying the eligibility requirements for sending such letters and explicitly defining the legal liabilities for issuing improper or malicious warning letters.
Keywords
Patent Infringement Warning Letter; Abuse; Malice; Punitive Damages; Unfair Competition; Legal Regulation
Author Profile
Cheng Deli, Professor at Shanghai International College of Intellectual Property, Tongji University.
Original Source: Intellectual Property, 2021(05): 56-67.
