Public Interest Litigation Of Intellectual Property Rights

Efforts for a long time, the Public Interest Litigation (PIL) legislation was put on the agenda. The public interest litigation is enacted into the Civil Procedure Law, which filling the gaps in our legislation. It is also the results of judicial practice and theoretical exploration efforts spending more than ten years. However, the PIL focuses on environmental pollution cases and protects the legitimate rights and interests of consumers, it is not applicable to protect the public interest in the field of intellectual property. The attributes of intellectual property, like human rights, public interests and public policy, need the PIL in the field of intellectual property to protect the public interest, to establish effective pattern of intellectual property protection.Firstly, this article introduces the background, theory and research methods summarized in this paper, the first public interest litigation in the field of intellectual property cases in2005, illustrates that the PIL in protecting intellectual property is still in the legislative gaps where needs the further improvement.Secondly, this article outlines the historical development of public interest litigation, public interest litigation related to the concept to be defined, first define the public interests, second analyses the concept of the group-litigation, class action and representative action.Thirdly, this article analyzes the necessity of introducing public interest litigation in the field of intellectual property system. Intellectual property rights are private rights, but have strong public service attributes. This fit with the purpose of the PIL to protect the social welfare and the public interest, in addition, protecting Human Rights and Public Policy becomes the actual demand of PIL. Moreover, the existing protections of intellectual property rights remedies are not comprehensive enough. Diverse intellectual property requirements of its judicial remedies also have diverse characteristics. PIL on intellectual property protection more fully reflects the value of social justice, the value of balancing the interests and the value of knowledge innovation.Part four explains the specific system of PIL in the field of intellectual property rights. Theoretical development of public interest litigation system has been to provide the basis for intellectual property rights. Relating to the plaintiff, contents of the cases, proof responsibility, incentives, and punishments, the PIL in protecting intellectual property needs establishing a complete system.PIL is the tool to protect public interests, which requires the community’s concern and responsibility for the public interest. In fact, the court makes a significant contribution to finding and solving the problems in the operation of public interest litigation. This article focuses on the PIL in the field of intellectual property rights, which plays a better role in its pursuit of the value of protecting the public interest.