How to protect your rights if your copyright is infringed
When copyright owners and neighboring rights holders discover that their rights have been unlawfully infringed upon, they can resolve infringement disputes through mediation, arbitration, or litigation.
1. Mediation
Mediation means that when a dispute occurs, the parties reach a settlement under the auspices of a mediation organization Agreement on dispute resolution. Mediation organizations can be copyright administrative departments and other departments, or other social groups and mass organizations. Both copyright infringement disputes and contract disputes can be resolved through mediation. Mediation agreements are not legally binding and cannot be enforced. After reaching an agreement, if one party regrets and does not agree to implement the mediation agreement, the mediation agreement will lose its validity and the parties can resolve the dispute through litigation.
2. Arbitration
Arbitration refers to a dispute resolution method in which an arbitration institution adjudicates the disputes between the parties in accordance with certain arbitration procedures. Copyright arbitration is conducted by copyright arbitration institutions. It is mainly applicable to the resolution of copyright contract disputes. Moreover, the copyright contract must have an arbitration clause or a written arbitration agreement reached afterwards. If there is no arbitration clause or a written arbitration agreement is not reached afterwards, it cannot Arbitrate. Arbitrations conducted by copyright arbitration agencies are legally enforceable. If one party fails to perform the arbitration award, the other party may apply to the People's Court for enforcement.
3. Litigation
Copyright litigation refers to the use of litigation procedures to resolve copyright issues by filing a lawsuit in the People's Court. A form of dispute. Litigation is the main method for resolving copyright disputes stipulated in my country's Copyright Law. The parties may directly bring a lawsuit to the People's Court or if mediation between the parties fails or one party regrets after reaching an agreement through mediation, they may also bring a lawsuit to the People's Court. In addition, if the People's Court executing the arbitration application finds that the arbitration award is illegal, it has the right not to enforce it and the parties shall You can also file a lawsuit with the People's Court regarding contract disputes. The statute of limitations for a party to apply to the People's Court for copyright protection is two years, and the statute of limitations begins when the copyright owner knows or should have known that his rights have been infringed. During the trial of a case, the people's court may confiscate illegal gains, infringing copies, and property used for illegal activities in case of infringement of copyright or copyright-related rights.
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