在知识产权领域,常常出现这种情况:知识产权权利人轻率地向与其存在竞争关系的同行业者或同行业者的经销商、客户等发出律师函或警告信,或在公开媒体上发表声明,对他人进行侵权指控和威胁,但却在相当长的期间内并不向法院提起诉讼。被控侵权方为此面临如下困境:一方面,难以最终准确判断自己行 In the field of intellectual property, it is often the case that right holders of intellectual property rashly issue a solicitor’s letter or warning letter to a distributor or a client of a peer or a peer of a competing business or make a statement in the public press , Alleging and threatening infringement of others, but did not bring a lawsuit before the courts for a considerable period of time. To this end, the accused infringer faces the following dilemma: On the one hand, it is difficult to accurately judge his own conduct on the one hand