On The Intellectual Property Litigation Qualification Of The Plaintiff

The intellectual property public interest litigation, a kind of legal system, is sued by pointed state organs, social organizations and individuals according to relevant laws and regulations to court for the aim of protecting public interest from illegal acts. The substance of the intellectual property public interest litigation is providing a legal mode and judicial method, so it is indeed necessary to construct the new system of the intellectual property public interest litigation in China. The first step of entering proceedings is to establish plaintiffs qualification. Many intellectual property public interest litigation cases have ended by rejecting the appeal for the reason that the prosecutor is not qualified as a plaintiff. The bottleneck of plaintiffs qualification should be broken through for the purpose of developing and conducting civil public interest litigation. Safeguarding the public interests and gradually expanding the plaintiffs qualification is the tendency of the intellectual property public interest litigation.The first chapter discusses the basic theories of the intellectual property public interest litigation, including the meaning, characteristics, values and principles. It is the basis to establish the intellectual property public interest litigation. This chapter also discusses the necessity to establish the intellectual property public interest litigation. Chapter 2 discusses the concept and characteristics of the plaintiffs qualification, analyzes legislative status and defects in order to break the traditional theory and establishes the parties fit lattice theory which is based on the interest of litigation theory. Chapter 3 through the comparison of the Anglo-American law system and Civil law system, including the United Kingdom, the United States, Germany, France and Japan on the plaintiffs qualification of the public interest litigation, and the comparative conclusion is used for reference in China. Chapter 4 proposes the legislative ideas for establishing the plaintiffs qualification of the intellectual property public interest litigation. This chapter proposes the constructing principle, analyzes the pointed state organs, social organizations and individuals 'plaintiff qualification to start the intellectual property public interest litigation.