1. Which courts have jurisdiction over copyright disputes
1. Patent dispute cases are under the jurisdiction of the Intellectual Property Court, the Intermediate People's Court and the Basic People's Court determined by the Supreme People's Court.
2. "Civil Procedure Law"
Article 17: Basic People's Courts have jurisdiction over first-instance civil cases, except as otherwise provided for in this Law. except.
Article 18 Intermediate Court Jurisdiction
The Intermediate People's Court has jurisdiction over the following first-instance civil cases:
(1) Major foreign-related cases;
(2) Cases with significant impact in this jurisdiction;
(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
Article 19: Jurisdiction of the High Court
The Higher People's Court has jurisdiction over first-instance civil cases that have significant impact within its jurisdiction.
Article 20 Jurisdiction of the Supreme Court
The Supreme People's Court has jurisdiction over the following first-instance civil cases:
(1) Cases with significant national impact;
(2) Cases that are considered to be heard by this court.
Article 28 Jurisdiction over infringement litigation
A lawsuit filed due to an infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the place where the defendant is domiciled.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
Article 2 Patent dispute cases shall be under the jurisdiction of the Intellectual Property Court, the Intermediate People's Court and the Basic People's Court determined by the Supreme People's Court.
Maritime and maritime commercial cases are under the jurisdiction of the Maritime Court.
2. How to resolve copyright disputes
1. Reconciliation. Reconciliation is initiated by the parties themselves and is not directly constrained and controlled by judicial procedures and judges' powers. In real life, the focus of disputes in some copyright disputes has often been clarified by judicial examples; in some cases, the parties can make decisions based on precedents and relevant laws. Provide for settlement, which will minimize the social costs of resolving disputes.
2. Mediation. Mediation is slightly more complicated than reconciliation and can be conducted through lawyers, mediation committees, etc. Mediation is a method for the parties to reach an agreement to resolve disputes on the basis of mutual understanding, carried out in accordance with the principle of free will.
Copyright dispute mediation means that parties to copyright disputes negotiate to resolve copyright disputes under the auspices of a mediator.A form of dispute resolution, generally referring to mediation outside of litigation. Whether it is a copyright infringement dispute or a copyright contract dispute, both parties can resolve the dispute through mediation.
3. Arbitration. Arbitration is a legal act in which copyright disputes are resolved by an arbitration institution in accordance with the law in accordance with the arbitration clause. Arbitration procedures are similar to judicial procedures, but are simpler and faster than judicial procedures. Copyright dispute arbitration means that the parties to a copyright dispute voluntarily submit the relevant disputes to an arbitration institution in accordance with the arbitration agreement reached before or after the dispute occurs. The arbitration institution uses the judgment of a third party. A system for judging and ruling on disputed facts, rights and obligations.
4. Litigation. Litigation is a way for the People's Court to resolve copyright disputes through trial procedures. Although it is time-consuming, among the ways to resolve copyright disputes, litigation has the widest scope of application and is also the most important
[Legal basis] "Copyright Law" 》Article 60: Copyright disputes can be mediated, or they can apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract. If the parties do not have a written arbitration agreement, nor have they entered into an arbitration clause in the copyright contract, You can file a lawsuit directly with the People's Court.
The above is the relevant legal knowledge prepared by the editor for you. If you still have questions, it is recommended that you consult a professional lawyer on the Legal Savior Network .
