What procedures should be followed for copyright disputes
(1) Mediation. Article 55, paragraph 1, of the Copyright Law stipulates that copyright disputes can be mediated. Mediation is a method for parties to a dispute to reach an agreement to resolve disputes on the basis of mutual understanding on the basis of voluntariness. Of course, after reaching an agreement, it is very likely that one party will go back on his word, fail to implement the mediation agreement, and the mediation fails. The parties may also file a lawsuit with the People's Court and request a judgment.
(2) Arbitration. Article 55, Paragraph 1 of the Copyright Law stipulates: You may also apply for arbitration to an arbitration institution based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract. Arbitration is a legal act performed by an arbitration institution to resolve copyright disputes in accordance with the law. It has final legal effect. Only if one party fails to fulfill the arbitration award can the other party file a lawsuit.
(3) Litigation. Paragraph 2 of Article 55 of the Copyright Law stipulates: If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may file a lawsuit directly with the People's Court.
Litigation is a way to resolve disputes through judicial procedures. It is mainly used for:
1. The parties directly submit copyright disputes to the People's Court for settlement;
2. Through mediation If an agreement cannot be reached or one party regrets after reaching an agreement, the other party will resolve the dispute through litigation;
3. If one party does not implement the arbitration award, the other party will file a lawsuit to resolve it.
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