What are the provisions for arbitration of copyright disputes
The provisions for arbitration of copyright disputes are set out in the "Copyright" According to Article 55 of the Law, copyright disputes can be mediated, or they can apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.
If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit in the People's Court.
Arbitration signed by the parties The agreement should contain three aspects:
The first is an expression of intention to request arbitration. That is, the parties must expressly express their willingness to submit the dispute to arbitration.
The second is arbitration matters. That is, which disputes between them the parties are willing to submit to arbitration for resolution should be clearly stated in the arbitration agreement. The parties may agree to submit all disputes arising from the performance of the contract to arbitration as a whole, or they may submit only one or several disputes to arbitration.
The third is the selected arbitration committee. There are no restrictions on geographical jurisdiction or level of jurisdiction in arbitration. The parties can jointly choose an arbitration institution that they believe can handle the dispute fairly. They can also consider factors such as whether it is convenient for the parties to participate in arbitration activities and whether it is convenient for the arbitration institution to investigate and collect evidence.
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