An action for non-infringement is a legal proceeding in which a person or company that is accused or fears being sued for infringement of an intellectual property right (trademark, patent, design, etc.) asks the court to declare that its actions or products do not constitute infringement.
This action allows the claimant to obtain, as a preventive and defensive measure, legal certainty by having a court recognise that their activity is legitimate and does not infringe the intellectual property rights of identified third parties.
The conditions for admissibility of this action generally include the requirement that the claimant demonstrate that there is a real threat of infringement proceedings. This may take the form of exchanges between the parties (such as a formal notice) or a competitive situation where a risk of litigation is anticipated.
If the action for recognition of non-infringement is successful, the court declares that the claimant’s product or service does not infringe the IP rights invoked, thereby removing the risk of future conviction for infringement.