How to punish software infringement
When copyright holders and neighboring rights holders find that their rights have been unlawfully infringed upon, they may Resolve infringement disputes through mediation, arbitration, and 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 the arbitration institution ruling on the disputes between the parties in accordance with certain arbitration procedures. dispute resolution methods. Copyright arbitration is conducted by copyright arbitration institutions. It is mainly used to resolve copyright contract disputes and must be included in copyright contracts.There must be 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, arbitration cannot be carried out. 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 a way to resolve copyright disputes by filing a lawsuit in the People's Court and using litigation procedures. 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.
Infringement of Article 49 of the Copyright Law In the case of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
The actual losses of the right holder or the infringer’s illegal conduct If the income cannot be determined, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
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