Article 53 of China's Copyright Law is an important provision for the protection of public interest, which faces many dilemmas in its application, such as the insufficient circumscription of infringement as the factual basis for the damage of public interest, the unclear criteria for the definition of the scope of public interest, and the restricted functioning of the administrative penalty system in realising the multi-value objectives. The root of the problem lies in the fact that the basis of interest, the standard of attribution and the way of relief have not yet formed a smooth chain of institutional logic. The article argues that structural adjustment of the system is of great value in realising the balance between private interest and public interest, in which the expansion of the factual basis of public interest damages, the clarification of the definition of the criteria for attributing responsibility for public interest damages, the extension of the dual-track model of ‘administrative+judicial’ protection to the scope of public interest, and the introduction of public interest litigation are the key paths to solving the problem. The key path to solving the problem.

Qun Lu. Difficulties in the Application of ‘Public Interest’ Provisions in Chinese Copyright Law and System Optimisation. Academic Journal of Humanities & Social Sciences (2024) Vol. 7, Issue 11: 105-112. https://doi.org/10.25236/AJHSS.2024.071116.

[1] Gong Shanshan, Yan Xiaoxiang. Conflict and Balance between Intellectual Property Rights and Public Freedom of Information in the "Anti-Circumvention Clause"[J]. Human Rights, 2023(5): 149-165.

[2] Guo Dezhong. On the Legal Regulation of Copyright Abuse--Taking the Principle of Prohibiting Copyright Abuse as a Perspective[J]. Science and Publication,2020(11):81-87.

[3] Huang Hui. On the construction of intellectual property public interest litigation system [J]. Jiangxi social science, 2008(6):186-189.

[4] Xiong Qi, Zhu Ruohan. On the provision of "administrative intervention" in copyright law[J]. Journal of Shandong University (Philosophy and Social Science Edition), 2020(1):113-122.

[5] Zhang Xiangzhi, Xu Yihang. Administrative protection of copyright and its justification argumentation in the third amendment of the Copyright Law[J]. China Publishing, 2021,(12):50-54.

[6] Yang Y. Study on the Determination of Damage to Public Interest in Copyright Law[J]. China copyright, 2016(5):13-17.

[7] Vague criteria for defining public interest cause frequent disputes, and experts suggest defining the connotation and tightening the public interest gate. China court website. [EB/OL]. (2021-01-19) [2024-03-10]. https://www.chinacourt.org/article/detail/2021/01/id/5726197.shtml.

[8] Yin Jiguo. Antitrust regulation of copyright abuse on long video platforms[J]. Politics and Law, 2023(2):160-176.

[9] Wang Jiajia. On the Legal Regulation of Copyright Abuse on Digital Content Platforms[J]. Intellectual Property,2023(3):62-76.

[10] Nancy Xie. Regulatory Path of Copyright Abuse from the Digital Music Exclusive Copyright Case [J]. Electronic Intellectual Property Rights,2022(10):26-36.

[11] Lu Haijun,Ren Huan. Falsification of the ubiquity of copyright abuse[J]. Intellectual Property, 2022(1):50-62.

[12] Yin Jiguo. Competitive Damage of Copyright Abuse in the Digital Era and Its Legal Regulation - An Overview of the Symposium on "Legal Regulation of Copyright Abuse on Digital Platforms"[J]. Competition Policy Research,2023(4):84-91.

[13] Guo Liang, Cui Ruilin. Definition of the Nature of "Copyright Cockroaches" and the Rule of Copyright Law[J]. Journal of China University of Political Science and Law,2023(1):216-232.

[14] Wang Qian. On the Regulation of Abusive Technical Measures in Copyright Law[J]. Modern Law, 2018, 40(4):52-73.

[15] Wang Yinghang. Exploration of the regulation of abusive behaviour of copyright technical protection measures[J]. Publishing and Distribution Research,2019(9):52-55.

[16] Lai Xiaopeng, Wang Yiming. On the scope of copyright public interest litigation--Taking legal hermeneutics and legal logic as research perspectives[J]. Electronic Intellectual Property, 2023(1): 35-47.

[17] Feng Hui. Public interest, government regulation and substantive rule of law[J]. Politics and Law Forum, 2024(2):132-141. 

[18] Wu Handong. Research on Antitrust Issues of "Platform Economy + Digital Intellectual Property Rights"[J]. Rule of Law Research, 2024(2):28-46.

[19] Lai Xiaopeng. Network technology development and protection of intellectual property rights of cultural relics [J]. Chinese Museum, 2016(1):36-40.

[20] Wang Lili. Building a new path of interactive and synergistic governance[EB/OL]. (2023-11-30) [2024-03-10]. https://www.cssn.cn/skgz/bwyc/202311/t20231130_5699906.shtml.