| The establishment of the intellectual property system, aiming at ensuring the public's approach and sharing of knowledge, technology and information, is clearly in line with public interests. However, this system is based on the presumption that the owner of an intellectual property rights have exclusive rights of intellectual achievement. Both are unified in a larger extent, but There is a contradiction between proprietary interests of intellectual property and the public's legitimate demand for knowledge products. When intellectual property right abuses their exclusive rights to unrestrictedly pursuit their exclusive interests, the public interest inevitably will be damaged. Since the verdict of the case "DVD patent pool" of 3C Group in 2005, similar cases that the owners of intellectual property rights abuse their patents to harm the public interest become more and more frequent in China and draw more and more attentions of the society. There are"anti-monopoly law," "Anti-Unfair Competition Law" and "Contract Law" and other abuses of intellectual property law behavior of the regulation in China. But because of the provisions of the dispersion, vague and lack of maneuverability, the abuse of intellectual property can not be effectively stopped.As the specific application of public interest litigatione in the field of intellectual property, public interest litigation on intellectual property rights, effectively makes up for the inadequate in public protection of administrative control to intellectual property, and fills the inadequate of intellectual property public in existing legal protection,so it should be an effective way to prevent the abuse of intellectual property and protect intellectual property rights. The imperfections of the legal proceedings, which have not yet made provisions, the public interest in damage can not get effective relief, so the system of intellectual property rights public interest litigation is particularly necessary.The first part of this article outlines the definition and characteristics of public interest litigation on intellectual property rights, as well as the definition and manifestation of intellectual property rights abuses. This section first studies the history and definition of the public interest litigation,and then combining the characteristics of public interest litigation on intellectual property rights system, it analyzes the characteristics of the public interest litigation on intellectual property rights. from the perspective of abuse of rights,the last section analyzes the concept of intellectual property rights abuses and as well as its main manifestations by using industry standards and rights abuse of remedies.The causes of the independent existence of public interest litigation system on intellectual property rights is discussed in the second part. This part expounds proceeding of intellectual property law. It goes on to study that even though there are" anti-monopoly law," "Anti-Unfair Competition Law" and "Contract Law" and other abuses of intellectual property law behavior of the regulation in China. In the last section of this part, the obstacles in the traditional litigating procedures on the abuse of intellectual property rights are analyzed.This third part is the theoretical basis of the public interest litigation system on intellectual property rights. The public interest litigation on intellectual property, as a type of public interest litigation system, conflicts with the traditional civil litigation system on the theoretical level. As to the construction of the public interest litigation system on intellectual property rights, obstacleses exist in the traditional theory of the right to appeal, the theory of the litigants and res judicata theories. Through studying the development theory of the right to appeal, the theory of the litigants and Res judicata theories, the author gets the theoretical basis of public interest litigation on intellectual rights property.The last part is the construction of public interest litigation system on the intellectual property rights. The specific litigation rules of the public interest litigation system on the intellectual property rights are firstly studied. It goes on to devise the concrete litigating system, including the system of the plaintiff, the system of scope of the case acceptance, the system of burden of proof, the system of litigation rewards and punishments, the system of litigation costs and the system of sanctions.The purpose of this article is to change the current situation that the abuses of intellectual property rights violate the public interest as soon as possible, therefore, to release the energy of public interest litigation on intellectual property rights at minimum and to provide an alternative system that corresponds to the judicial functions of a harmonious society. |
