What is the litigation process for copyright infringement cases
(1) Collect and organize relevant evidence materials
Including proof that the disputed copyright exists and can be protected by our country's laws Evidence, evidence of the relationship between the plaintiff and the disputed copyright, evidence of the existence of the infringement and the specific method of carrying out the infringement, evidence of the relationship between the defendant and the infringement, evidence of the profits from the infringement and the extent of the infringement, etc.
(2) Prove the copyright itself that is allegedly infringed Established
First, prove that the plaintiff has the qualifications to be the subject of litigation , the copyright belongs to the plaintiff. That is to say, the plaintiff, as a natural person, a legal person, or a foreigner, meets the qualifications to enjoy copyright stipulated in our country's laws. Furthermore, the plaintiff has a direct legal relationship with the copyright, and the copyright belongs to the plaintiff and is licensed for use.
Second, proveThe existence of the controversial work. That is, the plaintiff should provide specific works, such as books, recordings, etc.
Third, prove that the work enjoys copyright in our country. That is to prove that the work is a work created by the plaintiff, and submit the manuscript of the work to indicate the time when the creation was completed to eliminate the possibility of plagiarism by others. Moreover, the content of the plaintiff’s work is legal and falls within the scope of copyright protection. And the work is still within the protection period of copyright law.
(3) Prove the existence and specific nature of the infringement Method of infringement
The defendant’s unauthorized use of the plaintiff’s work or adjacent In the case of the right object, the plaintiff needs to provide relevant evidence to prove that the infringing act was carried out by the defendant and used by the defendant. For example, if there is an infringement of unauthorized copying, publication and distribution of the plaintiff's work, the plaintiff needs to purchase the infringing items in the market. In order to make the evidence more accurate and convincing, the plaintiff can hire an impartial person from a notary office to purchase the infringing items, and ask the notary to conduct a fair review of the entire purchase process and produce a notarial certificate.
Generally, as long as the plaintiff proves specific infringement The existence of behavioral patterns also proves the existence of infringement.
(4) Select the competent court
As a plaintiff, the basic principles for choosing a court are: the principle of convenience for the plaintiff, The principle of defendant, the principle of choosing a larger city. This is mainly because the results of different courts on the same case may be different, even relatively large differences, and infringement litigationLitigation cases generally have several courts to choose from, so it is beneficial to the plaintiff to adopt the above three principles.
(5) Measures before prosecution
As a plaintiff, you should consider applying for pre-litigation injunction, evidence preservation, property Preservation, etc. This is mainly done to prevent the defendant from continuing to commit infringements, to fix some important evidence, and to ensure that actual economic compensation can be obtained after winning the case. These practices are all aimed at supporting the plaintiff’s claims during litigation and protecting the plaintiff’s property after winning the lawsuit.
(6) Filing the case and preparing for trial
(7) Require the defendant to bear legal responsibility
The plaintiff should submit evidence of the economic losses he has suffered due to the infringement; or the defendant Evidence of illegal profits; or evidence of royalties obtained when allowing others to use it. and submit evidence of the plaintiff’s reasonable expenses in defending rights and the damage to the plaintiff’s reputation. In this way, the court is requested to require the defendant to bear corresponding legal responsibilities in accordance with relevant laws and regulations.
The above are the 7 complete procedures for copyright infringement cases Litigation Process. By following this process, we can complete our lawsuit. I hope that after reading this information, your problems can be easily solved and you can protect your copyright. If your problem is more complex, our Legal Savior website also provides online lawyer consultation services. You are welcome to come for legal consultation.
