What are the conditions for pre-litigation injunction and property preservation in the 2023 Copyright Law?

Pre-litigation injunctions and property preservation measures in the Copyright Law are intended to promptly and effectively stop the losses and injuries caused by infringements. However, applications for such measures can only be allowed under the circumstances stipulated by law. So under what conditions can such measures be applied for? Measures to safeguard rights and interests? The following is the relevant legal content compiled by the editor of Legal Savior Network for everyone. You are welcome to read it.

What are the conditions for pre-litigation injunction and property preservation in copyright law

(1) There is evidence that the perpetrator is Committing or about to commit acts that infringe upon their rights.

Before litigation, order the perpetrator to stop Relevant actions or measures to preserve property involve damage to the actor's reputation and property losses, and must be acted upon with caution and reliability. This requires the copyright owner or copyright-related rights holder to provide evidence to prove that the perpetrator is or will commit certain infringements, and that the infringement or to-be-committed infringement is causally related to the damage to his or her copyright or copyright-related rights. relation.

(2) Due to emergency, if no immediate action is taken The measures will cause irreparable damage to the applicant's copyright or copyright-related rights and interests.

"Emergency situation" means that the situation is so urgent that the applicant cannot make it in time To file a lawsuit, immediate action must be taken. “Suffering irreparable damage” means that the infringement that the respondent is about to commit or is performing will cause great damage, or the property will be transferred or lost, making it difficult to make up for the damage and realize the property rights.

(3) Must be provided by the copyright owner or copyright-related rights person’s application.

(4) The applicant must provide a guarantee.

The above four conditions must be met at the same time to take action. Pre-injunction or pre-litigation property preservation

Legal basis:

"Copyright Law of the People's Republic of China"

Article 49 The copyright owner or copyright-related rights holder shall If evidence proves that others are committing or about to commit acts that infringe on their rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, you may apply to the People's Court for an order to stop the relevant acts and measures to preserve property before filing a lawsuit.

When the People's Court handles the application in the preceding paragraph, the People's Court of the People's Republic of China shall apply Article 93 to Article 93 of the Civil Procedure Law of the RepublicThe provisions of Articles 96 and 99.

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