1. What are the provisions of the court with jurisdiction over copyright infringement litigation
Copyright civil disputes The case shall be subject to the jurisdiction of the intermediate people's court or above or the basic people's court determined by the higher people's court in terms of level jurisdiction. In terms of geographical jurisdiction, it shall be the jurisdiction of the people's court where the infringement occurred or where the defendant is domiciled.
1. Internet copyright infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's residence, the location of the computer terminal and other equipment where the plaintiff discovered the infringing content can be regarded as the place of infringement;
2. Domain names involved Infringement dispute cases shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff finds the computer terminal and other equipment of the domain name can be regarded as the place of infringement;
3. Copyright If it is a dispute case, it shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled;
4. For cases of copyright contract disputes, it shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed.
5. Legal basis: Article 28 of the "Civil Procedure Law of the People's Republic of China" stipulates that any lawsuit filed due to an infringement shall be filed by the place where the infringement occurred or by the defendant. The people's court at the place of residence has jurisdiction.
2. How long is the statute of limitations for copyright infringement
The statute of limitations for copyright infringement is two years, calculated from the date the copyright owner knew or should have known about the infringement. If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, during the copyright protection period, the people's court shall order the defendant to stop the infringement; the amount of infringement damagesThe calculation shall be carried forward two years from the date when the right holder files a lawsuit in the People's Court. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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