What are the ways to resolve copyright disputes
1. Mediation
Mediation refers to a dispute resolution method in which the parties reach a settlement agreement under the auspices of a mediation organization when a dispute occurs. Mediation organizations can be copyright administrative departments and other departments, or other social groups and mass organizations. Both copyright infringement disputes and contract disputes can be resolved through mediation. Mediation agreements are not legally binding and cannot be enforced. After reaching an agreement, if one party regrets and does not agree to implement the mediation agreement, the mediation agreement will lose its validity and the parties can resolve the dispute through litigation.
2. Arbitration
Arbitration refers to the arbitration institution in accordance with certain A dispute resolution method in which the arbitration process adjudicates the disputes between the parties. Copyright arbitration is conducted by copyright arbitration institutions. It is mainly applicable to the resolution of copyright contract disputes. Moreover, the copyright contract must have an arbitration clause or a written arbitration agreement reached afterwards. If there is no arbitration clause or a written arbitration agreement is not reached afterwards, it cannot Arbitrate. Arbitrations conducted by copyright arbitration agencies are legally enforceable. If one party fails to perform the arbitration award, the other party may apply to the People's Court for enforcement.
3. Litigation
Copyright litigation refers to filing a lawsuit against Litigation in the People's Court is a way to resolve copyright disputes through litigation procedures. Litigation is the main method for resolving copyright disputes stipulated in my country's Copyright Law. The parties may directly bring a lawsuit to the People's Court, or if mediation between the parties fails or one party regrets after reaching an agreement through mediation, they may also file a lawsuit before the People's Court. In addition, if the People's Court executing the arbitration application finds that the arbitration award is illegal, it has the right not to enforce it. You can also file a lawsuit with the People's Court regarding contract disputes. The statute of limitations for a party to apply to the people's court for copyright protection is two years, and the statute of limitations begins when the copyright owner knows or should have known that his rights have been infringed. In the process of hearing cases, the People's Court hasIf the copyright or copyright-related rights are violated, illegal gains, infringing copies, and property used for illegal activities may be confiscated.
my country's "Copyright Law" also stipulates evidence preservation measures for parties during the litigation process. In order to prevent infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may apply to the people's court to preserve evidence before filing a lawsuit. After the People's Court accepts the application, it must make a ruling within 48 hours. If it decides to take preservation measures, the implementation shall begin immediately. If a party applies for evidence preservation, the People's Court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. If the applicant does not file a lawsuit within 15 days after the People's Court takes preservation measures, the People's Court shall lift the preservation measures. The provisions on preservation measures are conducive to the protection of the rights of the infringed party and are also conducive to the court's hearing of the case.
my country's "Copyright Law" also stipulates that the copyright owner or copyright-related rights holder has evidence to prove that others are committing or about to commit acts that infringe upon their rights. If not If a timely stop will cause irreparable damage to the person's legitimate rights and interests, he may apply to the People's Court to take measures to order the cessation of relevant behavior and property preservation before filing a lawsuit. Such regulations will help better protect the interests of copyright owners and make measures to order copyright owners to stop infringement more effective.
Modern society is a society governed by law, and copyright disputes must be resolved by law. Online consultation with lawyers on the Legal Savior Network can solve your legal dispute problems.