Research on the Construction of the Public Interest Litigation System for Intellectual Property
DOI:
https://doi.org/10.62177/chst.v2i1.176Keywords:
Intellectual Property, Public Interest Litigation, System Construction, Social Public InterestsAbstract
The system of public interest litigation in intellectual property prosecution is an important initiative in China to strengthen intellectual property protection and promote innovation and economic development in the new era. This paper aims to explore the construction and improvement of the public interest litigation system in intellectual property prosecution,with a focus on drawing lessons from foreign experiences. By analyzing the current legal framework and practical experiences in this fi eld in China, the paper identifi es the problems and challenges in the implementation of the system and proposes targeted improvement strategies. The research fi nds that there are defi ciencies in the theoretical framework, practical operations, and legal safeguards of intellectual property public interest litigation. By comparing practices in developed countries such as the United States and Europe, this paper analyzes how to improve the system by refi ning relevant laws and regulations, enhancing the role of prosecutorial agencies, and increasing public participation. Drawing on international experiences, it proposes that China should focus on cross-departmental collaboration, improving legal safeguards, and strengthening judicial oversight to create a more eff ective intellectual property protection system that safeguards social public interests.
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References
Li, J. Z., & Zhou, X. W. (2023). The construction of the intellectual property public interest litigation mechanism in prosecutorial authorities. Journal of Chongqing University of Technology (Social Sciences), 37(12), 118-128.
Li, F. F., & Xiao, Q. X. (2023). The development path of intellectual property public interest litigation in the digital economy era. People's Procuratorate, (03), 56-59.
Zhu, Y. (2023). A study on the prosecutorial public interest litigation system for intellectual property. North China University of Technology.
Du, A. X. (2021). The application of the prosecutorial public interest litigation mechanism for public domain intellectual property protection. People's Procuratorate, (12), 61-63.
Li, J. Z., & Zhou, X. W. (2023). The construction of the intellectual property public interest litigation mechanism in prosecutorial authorities. Journal of Chongqing University of Technology (Social Sciences), 37(12), 118-128.
Jiang, W. (2022). Focusing on antitrust: New pathways for intellectual property public interest litigation in prosecutorial authorities. Chinese Prosecutor, (05), 72-76.
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