1. How to punish product pattern infringement
If product pattern infringement, infringement The person shall compensate the right holder for the actual losses caused by the infringement. If the actual losses are difficult to calculate, the right holder shall be compensated based on the infringer's illegal income. If the illegal gains or actual losses cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not less than 500 yuan but not more than 5 million yuan.
"Copyright Law of the People's Republic of China"
Article 54 Infringement of copyright or infringement of copyright 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., ordered to be solddestroy without compensation; or under special circumstances, order the aforementioned materials, tools, equipment, etc. to be prohibited from entering commercial channels without compensation.
2. How to deal with copyright infringement
1. Collect evidence
When the copyright owner discovers that others are using the image, he should first save the evidence and collect Collection, which can grasp the facts of infringement and play an important role in the negotiation or litigation stages of copyright hotspots.
2. Negotiated settlement
When the copyright owner discovers infringement, he should notify the infringer to stop Use, delete, stop using the image, and negotiate with the infringer for compensation. To avoid unnecessary disputes in the future, both parties can agree on the structure of the negotiations.
3. Conduct mediation
When the infringement facts are basically clear and the legal relationship is clear, both parties You can entrust the Intellectual Property Rights Protection Assistance Center to host mediation, and both parties can reach an agreement on the remedial measures for infringement and the amount of compensation, and sign a settlement agreement. Resolving copyright disputes through mediation can improve efficiency and save costs.
4. Litigation settlement
If the two parties cannot negotiate a settlement or the mediation is unsuccessful, the picture Copyright owners can directly file a lawsuit in court and resolve software image infringement disputes through litigation.
According to the provisions of the Copyright Law, the product design drawings of the right holder are protected by law and no person or organization may infringe them. Anyone who infringes the copyright of others will be prosecuted. The rights holder will be compensated based on the illegal gains from the infringement, or the rights holder’s actual losses. If readers have other questions, they can go to the Legal Savior website for consultation.
