What are the administrative methods for copyright disputes
The infringer and the victim are dissatisfied with the specific administrative actions of the copyright administrative agency , administrative disputes can be resolved in accordance with administrative litigation procedures, that is, you can apply for administrative reconsideration and initiate administrative litigation.
(1) Administrative review
If the party concerned is dissatisfied with the administrative penalty imposed by the copyright administrative authority, he may file a complaint with the copyright administrative authority. The administrative agency or its superior administrative agency applies for reconsideration. The review authority shall make a review decision after receiving the review application.
(2) Administrative litigation
If a party is dissatisfied with the reconsideration decision, he or she can File a lawsuit with the People's Court within the specified time. If the review authority fails to make a review decision within the time limit, the party concerned may file a lawsuit with the People's Court within the specified time starting from the expiration of the review period.
"Copyright Law"
Article 55 Copyright disputes may be mediated, or submitted to arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract. The institution applied for arbitration.
The parties did not have a written arbitration agreement, If there is no arbitration clause in the copyright contract, you can file a lawsuit directly with the People's Court.
Article 56 If the party concerned is dissatisfied with the administrative penalty, he may file a lawsuit with the People's Court within three months from the date of receipt of the administrative penalty decision. If he fails to file a lawsuit and fails to perform the administrative penalty upon expiration of the time limit, the copyright administrative management The department can apply to the People's Court for execution.
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