What are the legal protection measures for online copyright infringement
(1) Criminal relief
Although China's criminal law has stipulated the crime of copyright infringement, in practice, administrative law enforcement personnel What is more common is "punishment instead of punishment", that is, only administrative responsibilities such as administrative fines are pursued for criminal acts, but criminal responsibilities are rarely transferred to judicial organs. Increasing the criminal protection of online copyrights and providing criminals with sufficient deterrent imprisonment or fines are the direction of future criminal trials of copyrights and are also the most powerful judicial protection measures.
(2) Pre-litigation injunction
Pre-litigation injunction refers to ordering the infringer to stop the relevant behavior before filing a lawsuit and Property preservation measures. The court has the power to take timely and effective interim measures at the request of one party to prevent delays that may cause irreparable damage to the right holder or the risk of evidence being destroyed. If the copyright owner has evidence to prove that others are committing or are about to commit acts that infringe upon their rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, the copyright owner may apply to the People's Court to order the infringer before filing a lawsuit. Measures to stop relevant behavior and property preservation. But the application is wrong or illegalImproper measures taken by the court will cause greater losses to the respondent. Therefore, when enforcing the pre-litigation injunction, you should pay attention to: 1. The application of the pre-litigation injunction has strict conditions. It can only be used when other remedies are insufficient to protect the copyright owner. Applicability can only be considered based on interests. 2. Applicants must be required to provide sufficient guarantees, and they must be prevented from maliciously using the ban to exclude and suppress other people's normal business competition. 3. Strict review system.
(3) Pre-litigation evidence preservation
Since computer software is extremely easy to copy, transfer, delete and destroy, if preservation measures are not taken immediately, it is likely that the evidence will be lost and the legitimate rights and interests of the right holder will not be protected. Pre-litigation evidence preservation measures will have a negative impact on the trial network. Copyright cases are significant. In order to prevent infringement when the evidence may be lost or difficult to obtain in the future, the copyright owner may apply to the people's court to preserve evidence before litigation. After the court accepts the application, it shall make a timely decision on whether to approve preservation measures after review. After taking pre-litigation evidence preservation measures, the copyright owner should file a lawsuit in court. If he fails to file a lawsuit within the time limit, the preservation measures should be lifted immediately. When adopting pre-litigation evidence preservation, you should pay attention to the following: 1. It is mainly applicable when the evidence of the alleged infringement is basically controlled by the other party and the applicant has objective difficulties in producing evidence. 2. Protect the normal working order of market entities and shall not damage state secrets, business secrets and personal privacy. If other people’s confidential information is involved, the persons to whom it is presented should be limited to judges. 3. If the party obliged to disclose evidence refuses to provide relevant evidence without justifiable reasons, the respondent shall be deemed to have recognized the applicant's evidence and claims, and the court shall make a factual determination unfavorable to the respondent based on the applicant's evidence.
(4) Principle of comprehensive compensation
Compensation for damages for infringement of software copyrights should be based on the principle of comprehensive compensation, that is, The infringer should not only compensate the right holder for the profits lost due to the infringement or the infringer's infringement gains, and should also compensate the rights holder for direct expenses incurred to stop the infringement, including transportation expenses, notary fees and other actual expenses. When hearing infringement cases, the People's Court must accurately grasp the principles of actual loss compensation, illegal income compensation and statutory compensation. That is, if a copyright and copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; actual loss is difficult to If calculated, compensation may be given based on the infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the court shall award a compensation amount of less than 500,000 yuan based on the circumstances of the infringement.
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