The Judicial Relief Of Public Interest Violated By Intellectual Property Abuse

In the era of knowledge economy, the emphasis on intellectual property rights is more and more obvious, meanwhile,the abuse of intellectual property rights also keep increasing. It will have great threat to the social public interests, and the existing way of relief has certain defects.Therefore, there is a need to seek a perfect remedy to defend social public interests.Public interests litigation was formally established in the latest revision of the Civil Procedure Law of China. In the field of intellectual property rights, aiming to get effective relief for violated public interests through judicial means, intellectual property public interests litigation is used as a new litigation form.This article will combine the Civil Procedure Law about the relevant provisions of the public interest litigation and the latest relevant judicial explanation, to construct intellectual property public interest litigation in our country.The first part states what is the problem of abuse of intellectual property rights The analysis focuses on main manifestation of the patent law, copyright law, trade mark law and their violation of public interests. Therefore the urgency of the need to protect public interest is reflected.Then the second states what is the problem of why intellectual property public interests litigation is needed. This summary mainly analyzes the problems existing in the intellectual property administration and law enforcement,and related laws lacking regulation on the abuse of intellectual property rights. Its purpose is to illustrate the necessity of the intellectual property public interests litigation. The third part puts forward that the abuse intellectual property rights should be public interest sued. It also analyzes the characteristic of the intellectual property rights, the concept of public interest litigation and the significance and value of intellectual property public interest litigation. The last part deals with several key problems in the public interest litigation of intellectual property rights.First is to discuss about the reasonable recognition of plaintiff qualification. And starting with the basic theory of the civil procedure law, it also the comparatively analyzes of British and German mode of the plaintiff, then decide the scope of the plaintiff in combination with the concrete situation in our country.The second is to build a relevant incentive constraint mechanism. Establishing reasonable rewards and punishment mechanism. the mechanism of legal aid, prevention mechanism of rampant litigation and corresponding supporting system motivate and restrain operation of the intellectual property public interest litigation appropriately.thus it could get a benign development.The third is the cooperation and coordination of the intellectual property public interest litigation and administrative organs. And the effective communication between courts and administrative organs are helpful to establishment of information sharing mechanism and their commitment to the maintenance of public interest.Public interest litigation is the important tool for social members to safeguard their interests.In theory, it needs to be further studied.In practice,it also need to constantly find and solve the problem.I hope that my effort can contribute to help build and perfect knowledge about public interest litigation system on the abuse of intellectual property through the analysis of the article...