知识产权中确认不侵权之诉,在国外是一种通行的诉讼,在我国则是近年来出现的一种新型的案件,无论在理论上还是在司法实践中对这一新型的诉讼都存在广泛的争议。因此,结合民事诉讼的相关理论,从实然与应然的角度分析确认不侵权之诉的法律性质、受理条件以及对这一案件的法院管辖权,对这类纠纷的解决应有所裨益。 The lawsuit that infringement is not infringed in intellectual property rights is a popular lawsuit in foreign countries and a new type of lawsuit that has emerged in our country in recent years. There is a wide range of new lawsuits both in theory and in judicial practice Controversy. Therefore, combining with the related theory of civil lawsuit, analyzing the legal nature and admissibility of non-infringement law and the jurisdiction of the court in this case from the realistic and appropriate point of view should be of benefit to the settlement of such disputes.