Research On The Restriction On Cessation Of The Infringement In Copyright Infringement Litigation

In the case of the "The big head son and little head father",one of the Top Ten Typical Cases of Intellectual Property in 2016 issued by the Supreme People’s Court,the court did not decide that CCTV Animation Company should bear the cessation of infringement liability when it found that CCTV Animation Company constituted a copyright infringement based on the public interest,otherwise increase damages compensation as a vicarious liability.In the cases of copyright infringement,most of the obligees would propose a lawsuit to the court for cessing the infringement.Through a bibliography retrieval,it shows that as long as the defendant’s behavior was recognized as copyright infringement,the court would,in most cases,support the claim of the obligee,which brings an absolutely exercise of cessation of infringement and thus endangers the public interest.The "big-headed son case" is a breakthrough on this situation.In view of the close relationship between copyright and public interest,it is the prevailing view that the application of ceasing the infringement should be limited.It also be realized in judicial practice that cessing the infringement is not the best ending in all copyright infringement cases.The first part of this thesis intends to study the current status of copyright infringement liability,analyzes its traditional theoretical foundation and reflection,the lack of legal basis for legislation and the predicament in judicial practice.It holds that restrictions on cessation of infringement in copyright infringement litigation is neccessary.The second part begins with the philosophical basis,economic basis,social foundation of copyright law,and takes a vision from comparetive law,finally demonstrates the rationality of restriction on cessation of infringement in copyright infringement litigation.The third part studies the way to solve the problem in judicial practice,mainly on the considerations of the public interest,the legitimacy basis and the chosen modes of vicarious liability.And the first part is the most important and difficult.By analyzing the concept of public interest,this article concludes that it is an indefinable but objective existence that should be grasped in essence.At the same time,after studying the contents of public interest,which should contains public interest in common sense and that in copyright law,it reachesan conclusion that when considers public interest in copyright infringement litigation,it should be took in four aspects :to grasp the essence of it,to distinguish the contents of it,to examine the extent of damage to it and to think about balance of interests.This is also an innovation piont of this article.The fourth part puts forward suggestions of perfecting the restiction of cessation of infringement in copyright infringement litigation from the legislative and judicial aspects.