确认不侵权诉讼是自新世纪以来在我国知识产权领域出现的一种新型诉讼。它改变了通常权利人是原告而涉嫌侵权人是被告的传统。由于现在我国还没有这方面的法律规范,实务界和理论界感到很困惑。本文立足于我国司法实践,对确认不侵权诉讼的诉的利益等一系列问题作了深入研究,即是否应该承认其诉的利益,是否应该限制其诉的利益,如何限制等等。 Confirming Non-Infringement Litigation is a new type of litigation that has emerged in the field of intellectual property in our country since the beginning of the new century. It changes the tradition that the plaintiff is usually the obligee and that the alleged infringer is the defendant. Due to the fact that there is no legal norms in this area in our country yet, practitioners and theorists feel confused. Based on the judicial practice of our country, this article makes a deep research on a series of issues such as the interest of non-infringement litigation, whether it should recognize the interests of its litigation, whether it should limit the interest of its litigation, how to limit it, and so on.