Research On Intellectual Property Public Interest Litigation System

Today’s society has gradually entered the knowledge economy, knowledge, public welfare, information technology has written in today’s era of keywords. The so-called era of knowledge is the current driving force of social progress and development depends on innovation knowledge, normal performance of the times the mass of innovation and open innovation, the development of society is increasingly dependent on the development and progress of knowledge and innovation; welfare era as the name suggests is the era of having a common interest, in particular in the development of society more and more emphasis on a collective or a society is to protect the public interest even global nonprofit is the inevitable product of the modern market economy; information technology refers to the extensive application of information technology as the basis, and gradually enhance the status and role of the information industry in the global economic development. Knowledge, welfare and information technology has occupied most of the production and living spaces of our contemporary society, is an essential part of our side, so the research on public interest litigation of intellectual property rights is imperative.The so-called intellectual property rights, is the right based on my spiritual and intellectual activity created intellectual achievements and management activities according to law. Our intellectual property rights including copyright and neighboring rights, trademarks, trade name rights, trade secret rights, patents, integrated circuit layout rights, origin mark rights, as well as new varieties of plants such as the right of non-material cultural heritage, our country "People’s Republic of China Civil Law" adopted in1986relating to intellectual property rights are clearly defined:copyright, patent, trademark, right of discovery, invention, and other technological achievements. In an environment of international protection of intellectual property, intellectual property protection is the traditional key issue has been controversial. Protection of intellectual property objects are public product line, along with the current growing global intellectual property rights protection of human rights, thus leading to infringement of intellectual property protection is easy to the public interest, the public sphere is subject to potential threats. At present, China’s public interest litigation of intellectual property rights is not fully developed, in order to prevent public interest litigation of intellectual property abuse of the system, in order to safeguard the public interest, we should be the "public interest" and "public interest litigation" strictly defined, breakthrough the current model of public interest litigation of intellectual property rights, intellectual property rights to rebuild public interest litigation mechanism suitable for China’s national conditions, to retain and improve our current public interest litigation beneficial ingredients to maintain public interest in the field of intellectual property. In view of the international community in many countries there are already successful practice of public interest litigation regarding intellectual property rights, and intellectual property rights in our country theorists have come to realize the importance of theory in the social and public interests in intellectual property law, they limit abuses of intellectual property rights, and other aspects of the balance of interests between public interests and private rights has been relatively deep research. However, China’s IPR protection research has not yet formed a complete theory of public interest litigation of intellectual property rights. This article will attempt from the intellectual property rights of public interest litigation in the core concepts---define the public interest to proceed, and further analysis of the role of intellectual property rights public interest litigation theoretical basis, drawing on developed countries and some developing countries in terms of public interest litigation relating to intellectual property rights theory and practice of successful practices and experiences in order to provide their opinions and views points to build a socialist intellectual property litigation of public interest.