What are the remedies for infringement of computer software copyright?
1. Do it yourself Negotiation
If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to quickly and effectively realize and protect their rights and interests, but also enable the infringer to avoid Damage to reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
2. Mediation
Refers to the negotiation between the two parties to resolve disputes with the assistance of a third party The scope of mediators is very wide. Both parties can choose agencies or individuals trusted by both parties, such as copyright administrative agencies, people's mediation committees, lawyers, etc., to host the mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced. The purpose of mediation is to facilitate both parties to reach a consensus agreement, but the mediation agreement has no legal enforceability. As long as one party reneges, the mediation agreement will lose its validity. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court.
3. Arbitration and civil litigation
The parties may submit an arbitration agreement based on the written arbitration agreement or Regarding the arbitration clause in the copyright contract, apply for arbitration to an arbitration institution. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause.
A valid arbitration agreement between the parties excludes the jurisdiction of the court, and the arbitration award made by the arbitral tribunal is final. After the award is made, the parties have the same If a copyright dispute is applied for arbitration or brought to the People's Court, the arbitration committee or the People's Court will not accept it. The award made by arbitration is legally binding and must be fulfilled by the parties. If one party fails to perform the arbitration agreement, the other party may apply to the People's Court for enforcement.
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