Jurisdiction over copyright civil dispute cases
With regard to the jurisdiction over copyright dispute litigation, according to the "Supreme People's Court's Notice on the Trial of Copyright Civil Disputes" Article 2 of the Interpretation of Several Issues concerning the Application of Law in Dispute Cases states: “Copyright civil dispute cases shall be under the jurisdiction of the intermediate people’s courts. Each higher people’s court may determine a number of basic people’s courts to have jurisdiction over the first instance of copyright civil disputes based on the actual conditions of its jurisdiction. Dispute cases."
For infringements stipulated in Articles 46 and 47 of the "Copyright Law", the "Supreme People's Court's Notice on Applicable Laws in the Trial of Copyright Law" Article 4 of the Interpretation of Certain Issues stipulates that territorial jurisdiction shall apply. That is, "the people's court has jurisdiction over the place where the infringement is committed, the place where the infringing copies are stored or where the infringing copies are stored or seized, and the place where the defendant is domiciled."
2. How to resolve copyright disputes
As for how to resolve copyright disputes, in practice, there are generally the following methods:
1. Reconciliation. Reconciliation is initiated by the parties themselves and is not directly constrained and controlled by judicial procedures and judges’ powers. In real life, the focus of some copyright disputes has often been clarified by precedents. The parties can reach a settlement based on precedents and relevant laws, so that Minimize social costs of dispute resolution.
2. Mediation. Mediation is a method of resolving civil disputes with Chinese characteristics. It is a method for the parties to the dispute to reach an agreement to resolve the dispute on the basis of mutual understanding based on the principle of voluntariness.
3. Arbitration. Arbitration is a legal act in which copyright disputes are resolved by an arbitration institution in accordance with the law in accordance with the arbitration clause. Arbitration procedures are similar to judicial procedures, but are simpler and faster than judicial procedures.
4. Litigation. Litigation is a way for the People's Court to resolve copyright disputes through trial procedures. Among the ways to resolve copyright disputes, litigation has the widest scope of application and is also the most important.
5. Complain to the copyright administrative department. rootAccording to Article 47 of my country’s Copyright Law, the copyright administrative department has the power to investigate and deal with the infringements listed in Article 47.
In real life, the way we resolve copyright disputes is not just litigation. You can refer to the methods listed above to choose the best one. Of course, the most effective way may be litigation. At this time, it is very important to determine the jurisdictional court for copyright dispute cases. The specific determination method is also introduced above for your reference. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to consult with lawyers on this website.
