Judicial Interpretation of Copyright Law
Supreme People's Court on the Trial of Copyright Civil Disputes Interpretation of Several Issues in Applicable Law
In order to correctly hear copyright Civil Dispute Cases, according to the Civil Law of the People's Republic of China "General Principles", "Contract Law of the People's Republic of China", "Copyright Law of the People's Republic of China", "Civil Procedure Law of the People's Republic of China" and other laws, several issues concerning the applicable law are explained as follows:
Article 1 The People's Court accepts the following copyright civil dispute cases: (1) Cases of copyright and copyright-related rights and interests ownership, infringement, and contract disputes; (2) Applications to stop copyright infringement before litigation , copyright-related rights and interests activities, cases of application for pre-litigation property preservation and pre-litigation evidence preservation; (3) other cases of copyright and copyright-related rights and interests disputes.
Article 2: Copyright civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of their respective jurisdictions.
Article 3: For copyright infringement investigated and dealt with by the copyright administrative department, if the party concerned files a lawsuit in the People's Court to pursue the civil liability of the perpetrator, the People's Court shall accept the case. When the People's Court hears civil dispute cases involving copyright infringement that have been handled by the copyright administrative department, it shall conduct a comprehensive review of the facts of the case.
Article 4 Civil lawsuits filed due to copyright infringement shall be governed by the Fourth Section of the Copyright Law The people's court in the place where the infringement acts specified in Articles 16 and 47 are committed, where the infringing copies are stored or seized or seized, and where the Defendant is domiciled shall have jurisdiction.
Previous paragraphThe prescribed storage place of infringing copies refers to the place where infringing copies are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal and detain infringing copies in accordance with the law.
Article 5: When a joint lawsuit is filed against multiple defendants involving different places where the infringement was committed, the plaintiff may choose the jurisdiction of the People's Court of the place where the infringement was committed by one of the defendants. ; If only a lawsuit is filed against one of the defendants, the people's court in the place where the defendant's infringement was committed shall have jurisdiction.
Article 6: A copyright collective management organization established in accordance with the law may file a lawsuit in its own name based on the written authorization of the copyright owner, and the people's court shall accept the lawsuit.
Article 7: Copyright-related manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification agencies, contracts for obtaining rights, etc. provided by the parties, Can be used as evidence.
The above content is the relevant answer. If you need to use some copyrights of others, you must obtain permission, otherwise it will infringe on the rights of the other party. , if the consequences are serious, you will face prosecution and a large amount of compensation will be paid. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.
