1. What is copyright infringement
Copyright infringement refers to all violations of copyright Acts that infringe upon the personal rights and property rights of copyright owners. Specifically, any actor who commits the acts stipulated in Articles 47 and 48 of the Copyright Law, infringes upon the copyright of others and causes property or non-property losses, is an infringement of copyright.
2. Which court has jurisdiction over copyright infringement
Copyright Civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level.
1. Copyright dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement is committed, the place where the infringing copies are stored or seized, and the place where the defendant is domiciled. The storage place of infringing copies refers to the place where infringing copies are stored and concealed in large quantities or for commercial purposes; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal and seize infringing copies in accordance with the law. For a joint lawsuit involving multiple defendants in different places where the infringement was committed, the plaintiff can choose the jurisdiction of the people's court where the infringement of one of the defendants was committed; for a lawsuit filed only against one of the defendants, the people's court of the place where the defendant's infringement was committed shall have jurisdiction Have jurisdiction.
2. Internet copyright infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant’s residence, the location of the computer terminal and other equipment where the plaintiff discovered the infringing content can be regarded as the place of infringement;
3. Domain names involved Infringement dispute cases shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant’s domicile, the location where the plaintiff finds the computer terminal and other equipment of the domain name can be regarded as the place of infringement;
4. Copyright If it is a dispute case, it shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled;
5. Copyright contract dispute cases shall be under the jurisdiction of the people's court of the place where the defendant is domiciled or the place where the contract is performed.
3. Jurisdiction of copyright disputes What are the regulations?
The People's Court accepts the following copyright civil dispute cases:
(1) Cases of copyright and copyright-related rights and interests ownership, infringement, and contract disputes;
(2) Application to stop infringement of copyright and copyright-related rights and interests before litigation , cases of application for pre-litigation property preservation and pre-litigation evidence preservation;
(3) Other copyright and copyright-related rights and interests dispute cases.
Article 2 Copyright civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level.
Each higher people's court shall, according to the jurisdiction of its own jurisdiction, According to the actual situation, it can be determined that a number of grassroots people's courts have jurisdiction over first-instance copyright civil dispute cases.
Article 3: For copyright infringements investigated and dealt with by the copyright administrative department, the parties concerned If a lawsuit is filed with the People's Court to investigate the civil liability of the perpetrator, the People's Court shall accept the case.
The People's Court shall hear copyright infringement that has been handled by the copyright administrative department. In cases of civil disputes, the facts of the case shall be comprehensively reviewed.
Article 4 Civil lawsuits filed due to copyright infringement shall be governed by Article 46 of the Copyright Law, The people's court in the place where the infringement acts specified in Article 47 are committed, where the infringing copies are stored or seized or seized, and where the defendant is domiciled shall have jurisdiction.
Provisions in the preceding paragraph The storage place of infringing copies refers to the place where infringing copies are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal and seize infringing copies in accordance with the law.
Article 5: For a joint lawsuit involving multiple defendants in different places where the infringement was committed, the plaintiff may choose the people's court in the place where the infringement was committed by one of the defendants to have jurisdiction; only one of the defendants shall have jurisdiction over the case. For a lawsuit filed by a defendant, the people's court in the place where the defendant's infringement was committed has jurisdiction.
Based on the above introduction, cases of copyright infringement in my country are under the jurisdiction of the people's courts above the intermediate level. I believe that after reading the above introduction, you have a certain understanding of the relevant legal knowledge about the elements of an invitation to treaty. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional advice. answer.
