1. Which court has jurisdiction over copyright infringement cases
According to the provisions of my country’s Civil Procedure Law, filed for infringement If a lawsuit is filed, it shall be under the jurisdiction of the court where the infringement occurred or the people's court where the defendant is domiciled.
"Civil Procedure Law of the People's Republic of China" span>
Article 21 Civil lawsuits filed against citizens, The case shall be under the jurisdiction of the People's Court of the place of the defendant's domicile; if the defendant's place of domicile is inconsistent with the place of habitual residence, the case shall be under the jurisdiction of the People's Court of the place of habitual residence.
Civil lawsuits filed against legal persons or other organizations, It shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled.
The domicile and regularity of several defendants in the same lawsuit If the place of residence is within the jurisdiction of two or more people's courts, each people's court shall have jurisdiction.
Article 28: Litigation filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile.
2. How Sue for copyright infringement
1. Collection and collate relevant evidence materials
including proving the copyright of the dispute Evidence that exists and can be protected by Chinese law, evidence of the relationship between the plaintiff and the disputed copyright, evidence of the existence of 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 that the allegedly infringed copyright itself is established
First, prove that the plaintiff has the qualifications to be the subject of the lawsuit, The copyright belongs to the plaintiff. That is, the plaintiff, as a natural person, a legal person, or a foreigner, meets the qualifications for copyright under the laws of our country. Moreover, the plaintiff has a direct legal relationship with the copyright, and the copyright belongs to the plaintiff and is licensed for use.
Second, prove the existence of the disputed work. That is, the plaintiff should provide specific works , such as books, recordings, etc.
Third, prove that the work enjoys copyright in my country. That is to prove that the work is 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 of infringement and specific infringement Method
The defendant’s unauthorized use of the plaintiff’s work or neighboring rights In the case of the object, the plaintiff must prove that the infringing act was committed by the defendant and was 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 choice of Principles for larger cities. This is done mainly because different courts may have different, even relatively large, differences in the results of the same case. Infringement litigation cases generally have several courts to choose from, so adopting the above three principles is beneficial to the plaintiff.
5. Measures before prosecution
As a plaintiff, you should consider applying for pre-litigation injunction, evidence preservation, property preservation, etc. This is mainly to prevent the defendant from continuing to commit infringements and to fix some important evidence so that it can be used after winning the lawsuit. Obtain actual financial compensation as a guarantee, etc. These practices are all to support the plaintiff’s claims in the lawsuit and to protect the plaintiff’s property after winning the lawsuit.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s Civil Procedure Law, if a lawsuit is filed due to an infringement, the infringement The court in the place where the act occurred shall have jurisdiction, or the people's court in the place where the defendant is domiciled shall have jurisdiction. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
