Research On The Construction Of China's Intellectual Property Public Interest Litigation System

Public welfare lawsuit legislation in our country under the rule of law construction process of the long journey,the new "civil procedural law" the promulgation of the public welfare lawsuit system into the law level,vacancies on the legislation of public interest litigation in our country,it is under the long-term theoretical and practical exploration made gratifying achievements.In legal practice,however,we see more of the public welfare lawsuit appeared in the field of environmental protection and consumer rights and interests protection,intellectual property public interest litigation is relatively small and they have no attention.Because of the intellectual property rights itself has good properties,thus establishing public interest litigation system in the field of intellectual property rights is based on fully,and we can predict the future infinite light.First,this paper introduces the characteristics,such as the concept of public interest litigation of intellectual property,for defining the intellectual property public interest litigation,and comparing with other such as representative lawsuit system analysis,for example the first cases involving intellectual property public interest litigation in China,we need to establish public interest litigation system in the field of intellectual property rights to fill the blank of the system.Secondly,the necessity of introducing public interest litigation system in intellectual property is analyzed from the rights of intellectual property.It will not only make up for our existing legal loopholes,but also reflect the fairness and justice of our society.The construction of the system can improve the efficiency of the case unit,and also the innovation consciousness of the relevant personnel.It shows the unique characteristics of intellectual property.Thirdly,according to the need of establishing intellectual property litigation,the theoretical basis of the construction of intellectual property litigation system is studied.The theory of efficiency and fair balance demands that both fairness should be taken as well as the efficiency intellectual property litigation system that meets the pursuit of both.Public trust theory is the public right delegated to one person or a particular organ,the theory to determine the scope of the intellectual property public interest litigation plaintiff has important significance;The extension of the party’s fitness theory indicates that the traditional theory of fitness is not sufficient to support the determination of the plaintiff in intellectual property.These theories have the confidence to strengthen our system of intellectual property litigation.Finally,the field of intellectual property into specific arrangement of public interest litigation system,not only can determine the plaintiff is a person,state organs,social organizations also can serve as;Clear case scope of the intellectual property public interest litigation,break original "who advocate who proof" of the provisions of the rules of proof and litigation fees shall be borne by the losing party,try our best to suitable for this system,bear the burden of proof and fee.It also deals with how the system can be implemented in practice and how to connect with other institutions,and better serve the construction of the system.The establishment of the public interest litigation system is an effective means to protect the public interest of the public,and it needs to be paid attention to by all walks of life and contribute to its own strength.Need more practice in law to discover unknown problem and find a solution,this paper focuses on the introduction of public interest litigation system in the field of intellectual property rights,hope to better play its public welfare lawsuit system to maintain the value pursuit of public welfare.