There are several ways to handle copyright infringement disputes
Copyrighters and neighbors When rights holders discover that their rights have been unlawfully infringed upon, they can resolve infringement disputes through mediation, arbitration, or litigation.
Mediation refers to a dispute resolution method in which the parties reach a settlement agreement under the auspices of a mediation organization when a dispute occurs. 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.
Arbitration refers to a dispute resolution method in which an arbitration institution adjudicates the disputes between the parties in accordance with certain arbitration procedures. Copyright arbitration is conducted by copyright arbitration institutions. It is mainly applicable to the resolution of copyright contract disputes. Moreover, the copyright contract must have 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, it cannot Arbitrate. 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.
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 alsoContract disputes are brought to the People's Court. 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.
my country's "Copyright Law" also stipulates evidence preservation measures for parties during the litigation process. In order to prevent infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may apply to the people's court to preserve evidence before filing a lawsuit. After the People's Court accepts the application, it must make a ruling within 48 hours. If it decides to take preservation measures, the implementation shall begin immediately. If a party applies for evidence preservation, the people's court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. If the applicant does not file a lawsuit within 15 days after the People's Court takes preservation measures, the People's Court shall lift the preservation measures. The provisions on preservation measures are conducive to the protection of the rights of the infringed party and are also conducive to the court's hearing of the case.
my country's Copyright Law also stipulates that the copyright owner or copyright-related rights holder has evidence to prove that others are committing or about to commit acts that infringe upon their rights, such as If failure to stop it in time will cause irreparable damage to the person's legitimate rights and interests, he or she may apply to the People's Court for an order to stop the relevant behavior and measures to preserve property before filing a lawsuit. Such regulations will help better protect the interests of copyright owners and make measures to order copyright owners to stop infringement more effective.
From the above information, we can know that copyright infringement disputes can be resolved through mediation, arbitration and litigation. We can choose how we want to handle it. However, it is worth noting that we must provide strong evidence for our disputes so that we can effectively protect our own rights and interests. If you have any legal questions you would like to consult, please visit the Legal Savior website. We will have professional lawyers who will serve you wholeheartedly.
