How to effectively avoid foreseeable copyright infringements
In the trial process of copyright cases, often Because measures were not taken in time, the infringement was not stopped in a timely manner, resulting in the expansion of the damage consequences. By the time the lawsuit is in progress, evidence and property such as infringing products, infringing tools, and equipment have been transferred or lost, making it difficult to prove the perpetrator's infringement. Even if the lawsuit is won, it will be difficult to enforce the case, resulting in the copyright owner not receiving due protection. In the process of revising the Copyright Law, according to the suggestions of the court and relevant departments, in order to better protect authors, in view of the characteristics of copyright infringement and methods that are very complex, and evidence and property are easy to hide, transfer, destroy, and lose. This article has been added to the copyrights and copyright-related rights and interests. A pre-litigation injunction means that before litigation, the people's court issues an order to stop the relevant behavior in accordance with the law because the situation is urgent and failure to immediately stop the relevant person's behavior will cause the damage to continue to expand. Pre-litigation preservation refers to the property preservation measures taken by the people's court before litigation if failure to immediately restrict the transfer of property due to an emergency situation will cause irreparable losses to the legitimate rights and interests of interested parties. Pre-litigation preservation of evidence is stipulated in Article 50 of this Law.
Legal basis:
《 Written by the People's Republic of ChinaCopyright Law》
Article 49
The copyright owner or copyright-related rights holder has evidence If it is proved that others are committing or about to commit acts that infringe upon their rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, they may apply to the People's Court for measures to order the cessation of relevant acts and property preservation before filing a lawsuit.
In summary, the above is the editor’s content on copyright law The revised judicial interpretation has been compiled. If you have more relevant content that requires detailed consultation, you are welcome to seek help from professional lawyers on the Legal Savior website.
