1. Can copyright infringement be sued?
1. It can be sued . If the copyright owned by the party concerned is infringed by others through illegal means or used in violation of regulations, it will constitute copyright infringement, and a lawsuit can be filed in the People's Court in accordance with the law.
2. Infringement refers to an illegal act that infringes on the personal property or intellectual property rights of others and should bear civil liability according to law. After an infringement occurs, a specific civil rights and obligations relationship arises between the infringer and the victim, that is, the victim has the right to demand compensation for losses from the infringer.
3. The perpetrator infringes upon personal, property and other legitimate rights and interests due to fault, and should bear civil liability in accordance with the law, and should bear civil liability in accordance with special provisions of the law other infringements.
Article 52 of the Copyright Law of the People's Republic of China
Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Without permission from the copyright owner Without the permission of the co-author, publish his or her work;
(2) Without the permission of the co-author, publish the work created in collaboration with others as a work created alone;
(3) Signing others' works for the purpose of seeking personal fame and fortune without participating in the creation;
(4) Distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using the work by displaying or filming audio-visual works without the permission of the copyright owner,Or use works in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;
(7) When using other people's works, remuneration must be paid without Paid;
(8) Leasing audio-visual works, computer software, audio and video products without the permission of the copyright holder, performer or audio and video producer; or originals or copies of audio or video recordings, unless otherwise provided for in this law;
(9) Using books published by the publisher without its permission , the layout design of periodicals;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights.
2. How to charge attorney fees for infringement liability cases
The litigation fees for tort liability lawyers generally range from 5,000 to 30,000 yuan. Lawyer fees vary from place to place, and the fees charged by different lawyers will vary, and the specifics must be determined through consultation with the lawyer. Generally, it is charged based on the amount involved in the case, the proportion stipulated in local lawyer service standards, the nature of the case, the complexity, etc. Please refer to:
(1) Representation in civil litigation and arbitration cases
1. Not involved For property rights, the charging standard is 5,000-30,000 yuan/item.
2. If property rights are involved, the charge ratio will be calculated using a progressive system according to the following standards:
(1) 5% for the part below 100,000 yuan (including 100,000 yuan), 5,000 yuan for each item less than 5,000 yuan;
(2) RMB 10 The portion from 10,000 yuan to 500,000 yuan (including 500,000 yuan) is 4.2%;
(3) 500,000 yuan to 1 million yuan (including 1 million yuan) ) is 4%;
(4) 3% of the amount from 1 million yuan to 5 million yuan (including 5 million yuan);
(5) 5 million yuan to 1,000 The portion of 10,000 yuan (including 10 million yuan) is 2%;
(6) The portion of 10 million yuan to 20 million yuan (including 20 million yuan) is 1.2% ;
(7) The portion between 20 million yuan and 50 million yuan (including 50 million yuan) is 1%;
(9) 0.5% for the portion above 50 million yuan.
3. The above two fee standards are for the first instance of civil litigation cases. Charging standards. Individual representation in second instance cases, remand cases, retrial cases, arbitration cases, non-implementation or revocation of arbitration awards can be charged according to the above first instance charging standards. If the same law firm represents the same case again at different stages of trial, it can Provide preferential treatment. At the same time, the fees for agency counterclaims and counterclaims can be based on the charging standards for the first instance of civil litigation cases and are charged based on the subject amount.
4. Foreign-related cases: The charging standards for foreign-related cases (including cases involving Hong Kong, Macao and Taiwan) can be charged according to the charging standards for first-instance civil litigation cases. If foreign-language legal services are involved, the fees can be charged at 1 to 5 times the above standards. With the consent of the client, the law firm can also You can consult the representative offices of foreign or Hong Kong, Macao and Taiwan law firms in China to handle similar legal matters, and negotiate with the client to determine the amount of fees.
5. For major, difficult, and For complex and remote civil litigation and arbitration cases, the fees at the first instance of civil litigation cases can be increased by 1 to 5 times.
Article 4 of the "Measures for the Administration of Lawyer Service Fees"
Lawyer service fees shall be subject to government-guided prices and market-regulated prices.
Article 8
The lawyer service fees set by the government should fully take into account the local economic development level, social affordability and the long-term development of the legal industry. The fee standard shall be based on compensating the average social cost of lawyer services. plus reasonable profits and statutory taxes to determine.
3. InfringementIf the infringing products have been removed from the shelves, will there be any prosecution?
If the infringing products have been removed from the shelves, will there be prosecutions? The infringement has already occurred. Removing the infringing products only stops the infringement. Other civil liabilities for compensation for losses and apology have not yet been borne. The industrial and commercial administration department may also impose administrative penalties.
Article 54 of the "Copyright Law of the People's Republic of China"
Infringes copyright or is related to For copyright-related rights, the infringer shall compensate the right holder based on the actual losses suffered by the right holder or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be based on the royalties for the right. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.
If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the rights usage fees, the people's court shall make a judgment of five hundred yuan based on the circumstances of the infringement. Compensation of more than 5 million yuan and less than 5 million yuan.
The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer. , can order the infringer to provide account books, materials, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, materials, etc., the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
When hearing cases of copyright disputes, the People's Court shall, at the request of the right holder, order the destruction of infringing copies except under special circumstances; materials, tools, equipment, etc., shall be ordered to be destroyed without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation.
[Warm reminder]:The above is the relevant legal knowledge brought to you by the editor of Legal Savior Network. If your situation is more complicated or you have other questions, you are welcome to come to Legal Savior Network for online consultation. We will have professional lawyers to help you. Of course , if bigIf you want to protect your legal rights more effectively, you can also directly entrust a lawyer from the Legal Savior Network.
No comments yet. Say something...