1. Is the court ruling on font copyright legal?
1. Font copyright The court's decision was legal, and copyright has a statute of limitations. If a dispute arises over copyright, the statute of limitations for claiming a claim is two years, not three years. The statute of limitations is calculated from the date the copyright owner knew or should have known about the infringement.
2. Legal provisions: "Civil Code of the People's Republic of China"
18 Article 18 [General statute of limitations, maximum rights protection period] The statute of limitations for requesting protection of civil rights from the People’s Court is three years. If the law provides otherwise, such provisions shall prevail.
The statute of limitations shall be calculated from the date when the obligee knows or should know that the right has been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if more than 20 years have passed since the date when the rights were damaged, the People's Court will not grant protection. If there are special circumstances, the People's Court may decide to extend the time based on the application of the right holder.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes"
Article 28
The statute of limitations for copyright infringement is two years, calculated from the date the copyright owner knew or should have known about the infringement. If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, the People's Court shall order the defendant to stop the infringement during the copyright protection period; the amount of infringement damages shall be calculated from the date the right holder files a lawsuit to the People's Court. The calculation is based on two years.
2. What is the prosecution process for copyright infringement cases
(1) Collect and organize relevant evidence materials
Including proving the existence of the disputed copyright and can be protected by the laws of our country,Evidence of the relationship between the plaintiff and the disputed copyright, evidence of the existence of the infringement and the specific method of carrying out the infringement, evidence of the relationship between the defendant and the infringement, evidence of the profits from the infringement and the extent of the infringement, etc.
(2) Prove that the copyright allegedly infringed is established
First, prove that the plaintiff Qualified as a subject of litigation, the copyright belongs to the plaintiff. That is to say, the plaintiff, as a natural person, a legal person, or a foreigner, meets the qualifications to enjoy copyright stipulated in our country's laws. Furthermore, the plaintiff has a direct legal relationship with the copyright, and the copyright belongs to the plaintiff and is licensed for use.
Second, prove the existence of the disputed work. That is, the plaintiff should provide specific works, such as books, recordings, etc.
Third, prove that the work enjoys copyright in my country. That is to prove that the work is a work created by the plaintiff, and submit the manuscript of the work to indicate the time when the creation was completed to eliminate the possibility of plagiarism by others. Moreover, the content of the plaintiff’s work is legal and falls within the scope of copyright protection. And the work is still within the protection period of copyright law.
(3) Prove the existence of infringement and the specific method of infringement
Unauthorized use by the defendant In the case of the plaintiff's work or the object of neighboring rights, the plaintiff must prove that the infringement was committed by the defendant and was used by the defendant.
For example, in the case of unauthorized copying, publication and distribution of the plaintiff's works, the plaintiff needs to purchase the infringing items in the market. In order to make the evidence more accurate and convincing, the plaintiff can hire an impartial person from a notary office to purchase the infringing items, and ask the notary to conduct a fair review of the entire purchase process and produce a notarial certificate.
Generally, as long as the plaintiff proves the existence of specific infringement methods, it also proves the existence of infringement.
(4) Select the competent court
As a plaintiff, the basic principles for choosing a court are: The principle of convenience for the plaintiff, the principle of principle for the defendant, and the principle of choosing a larger city. This is done mainly because different courts may have different, even relatively large, differences in the results of the same case. Infringement litigation cases generally have several courts to choose from, so adopting the above three principles is beneficial to the plaintiff.
In contemporary society,The courts in our country mainly refer to the judicial organs, which means that if there are some disputes about copyright infringement and other related behaviors, if you choose to adopt specific litigation methods to resolve them, the final judgment should be made by the People's Court. made. This is a very clear way of dealing with it.
[Warm reminder] The current reply is a reference answer for most situations. If your legal problem cannot be solved, it is recommended to consult a lawyer directly. We will respond quickly in 5 minutes. Higher problem resolution rates.
No comments yet. Say something...