What are the Guidelines for Copyright Administrative Complaints
China's copyright protection system provides information to rights holders Provide judicial protection and administrative protection.
According to the judicial protection system, the right holder files a civil lawsuit If a lawsuit is filed, the judicial authorities will investigate the civil liability of the infringer in accordance with the law; if the infringement is suspected of constituting a crime, and the public prosecutor or the right holder files a criminal lawsuit, the judicial authorities will investigate the criminal liability of the infringer in accordance with the law. When filing a civil lawsuit or criminal lawsuit, the litigation procedures prescribed in the "Civil Procedure Law of the People's Republic of China" or the "Criminal Procedure Law of the People's Republic of China" shall be applied accordingly.
According to the administrative protection system, when the infringement harms the public interest, after the right holder complains or an insider reports, or the administrative agency initiates an investigation on its own, the administrative The agency will investigate the administrative liability of the infringer in accordance with the law.
About the administrative agencies that accept complaints
Accept copyright administration The complainants are the copyright administrative departments at all levels. After discovering an infringement, the rights holder may, according to the circumstances, file a complaint with the place where the infringement was committed and where the infringement results occurred (including the place where the infringing copies are stored, the place where the infringing copies are seized and detained according to law, the location of the server of the infringing website, the residence or main business place of the host of the infringing website) Complain to the copyright administration department. In certain circumstances, the copyright administrative department may transfer the complaint to another copyright administrative department for processing in accordance with the law.
About the complainant
The complainant should be based on the " Chinese citizens who enjoy copyright or copyright-related rights under the Copyright Law of the People's Republic of China, legal persons or other organizations, or foreigners, stateless persons, or users who enjoy the exclusive right to use according to law, or interested parties. Insiders can report infringements to the copyright administrative department.
About the scope of the complaint
The infringement involved in the complaint should It is an infringement enumerated in Article 47 of the Copyright Law of the People's Republic of China or Article 24 of the Computer Software Protection Regulations that simultaneously harms public interests.
Even if the rights holder does not know whether the infringement harms the public interest, he can still complain to the copyright administrative department, which will make a review and judgment.
About the time limit for complaints
The complaint should be made since the infringement occurred Submit it to the copyright administrative department within two years from the date of filing. The copyright administrative department will no longer accept complaints made after two years from the date of the infringement. For infringements with continuous or continuing status, the two-year period shall be calculated from the date of termination of the infringement.
About the complaint materials
The complainant reported to the Copyright Administration When a department makes a complaint, it shall submit the following materials:
(1) Investigation application, which shall state the names (or titles) of the complainant and the respondent and Address, date of complaint, main facts and reasons for applying for investigation;
(2) Identity certificate of the complainant (if the complainant entrusts an agent to make the complaint, The power of attorney and the identity certificate of the agent should be submitted at the same time);
(3) Preliminary evidence of the ownership of rights, such as the original manuscript of the work, the work published under the signature of the complainant , work registration certificate, contract for obtaining rights, or certificate issued by a certification agency, etc.;
(4) Evidence of infringement, including infringing copies, involving infringement acts Accounts, contracts, processing and production documents, notarial certificates proving infringement, relevant photos, etc.
VoteLitigation materials can be submitted directly to the copyright administrative department or by mail.
If the text part of the complaint materials submitted by the complainant is in a foreign language, it should be accompanied by the corresponding Chinese translation.
About the processing results
After the complainant complained, the copyright The administrative department will review the complaint materials and notify the complainant whether the complaint will be accepted. When notifying the complainant that the complaint will not be accepted, the copyright administrative department shall state the reasons in the notice.
After accepting the complaint, the copyright administrative department will investigate the suspected infringement and make one of the following decisions based on the investigation results:
(1) Administrative penalties shall be imposed on the infringer;
(2) If the infringement is minor, administrative penalties may not be imposed ;
(3) If the infringement facts are not established, no administrative penalty will be imposed;
(4) ) is suspected of constituting a crime, it shall be transferred to judicial authorities for handling.
Administrative penalties that the copyright administrative department can impose on infringers include:
(1) Order to stop the infringement;
(2) Confiscate the illegal gains;
(3) Confiscate Or destroy the infringing copies;
(4) Fine;
(5) The circumstances are serious , confiscate materials, tools, equipment, etc. mainly used for making infringing copies;
(6) Impose other administrative penalties prescribed by laws and regulations.
If the complainant is dissatisfied with the decision of the copyright administrative department, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. When applying for administrative reconsideration or filing administrative litigation, the "Administrative Law of the People's Republic of China" shall apply accordingly.Reconsideration Law or the relevant procedures stipulated in the Administrative Litigation Law of the People's Republic of China.
Other administrative protection
If the rights holder discovers infringing copying Products will be imported and exported from China Customs, and you can request the Customs to take corresponding protective measures in accordance with the "Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights".
The Copyright Administrative Complaint Guide is compiled by the National Copyright Administration and aims to guide copyright owners and copyright-related rights holders (hereinafter referred to as rights holders) how to file infringement complaints. Complain to administrative agencies to better protect the rights and interests of rights holders. It involves the jurisdiction, materials, results, etc. that need to be paid attention to during the complaint process. The above content is compiled by Legal Savior Network.
