How to handle copyright civil dispute cases
First, negotiate.
Negotiation and settlement between the parties can enable the copyright owner to quickly and effectively Realize and safeguard your own rights and interests. If negotiation fails or is unwilling to negotiate, the parties can directly file a lawsuit in court.
Second, mediation.
Refers to the voluntary agreement of both parties with the assistance of a third party Negotiate to resolve disputes. The scope of mediators is very wide. Both parties can choose agencies or individuals trusted by both parties, such as copyright administrative agencies, people's mediation committees, lawyers, etc., to host the mediation. Mediation is not the only way to resolve copyright disputes. If the parties are unwilling, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in the People's Court.
Third, apply for administrative management.
When the copyright owner's rights are infringed, he may submit a request to the When a copyright administrative agency applies for protection, my country's copyright administrative agency will impose corresponding administrative penalties on the infringer based on its application or ex officio. For those serious copyright infringements that have constituted a crime, the rights holder can also report or file a complaint to the relevant department, and the relevant agency will initiate a public prosecution, and the copyright owner can file an incidental civil lawsuit.
Fourth, arbitration.
The written arbitration agreement reached by the parties or in accordance with the copyright contract According to the arbitration clause, apply for arbitration to the arbitration institution. If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may also file a lawsuit directly with the People's Court.
A valid arbitration agreement between the parties can exclude the jurisdiction of the court , and the arbitration award made by the arbitral tribunal is final. After the award is made, if the parties apply for arbitration or file a lawsuit in the People's Court for the same copyright dispute, the arbitration committee or the People's Court will not accept it.
The arbitration award has legal effect and the parties shall perform it. If one party fails to perform the arbitration award, the other party may apply to the People's Court for compulsory enforcement. If the People's Court believes that the arbitration award should not be enforced by law, the parties may re-enter an arbitration agreement and apply for arbitration based on the arbitration agreement, or they may directly file a lawsuit with the People's Court.
Fifth, litigation.
After a copyright dispute occurs, if both parties are unwilling to negotiate or fail to reach an agreement; are unwilling to mediate or regret after mediation; the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; despite the arbitration award, However, if the People's Court believes that there are circumstances in which the arbitration award should not be enforced by law, the parties may directly file a lawsuit with the People's Court in all of the above situations. Litigation is the ultimate way to resolve copyright disputes, and copyright civil dispute cases are under the jurisdiction of the People's Court at or above the intermediate level. .
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