Which level of court is the court for prosecuting for copyright infringement?

Copyright civil dispute cases shall be subject to the jurisdiction of the people's courts above the intermediate level or the grassroots people's courts determined by the higher people's courts in terms of hierarchical jurisdiction. In terms of geographical jurisdiction, the people's court in the place where the infringement occurred or where the defendant is domiciled shall have jurisdiction. Regarding the question of which level of court should be used to sue for copyright infringement, the editor of Legal Savior Network will give you a detailed answer below.

1. Which level of court is the court for prosecuting copyright infringement?

1. Copyright Civil dispute cases shall be subject to the jurisdiction of the people's courts above the intermediate level or the grassroots people's courts determined by the higher people's courts in terms of hierarchical jurisdiction. In terms of geographical jurisdiction, the people's court in the place where the infringement occurred or where the defendant is domiciled shall have jurisdiction.

2. Legal basis:

"Civil Procedure Law of the People's Republic of China" Article 20 Article 9 stipulates that lawsuits 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.

Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" states that cases of copyright civil disputes shall be under the jurisdiction of the people's courts above the intermediate level.

Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance cases of copyright civil disputes based on the actual conditions of its jurisdiction.

Article 4: Civil lawsuits filed due to copyright infringement shall be governed by the provisions of Articles 46 and 47 of the Copyright Law. The people's court has jurisdiction over the place where the infringing copies are stored or where the infringing copies are stored or seized and where the defendant is domiciled.

The storage place of infringing copies specified in the preceding paragraph refers to the place where infringing copies are stored or concealed in large quantities or for commercial purposes; the place of seizure and seizure refers to the customs, copyright , industrial and commercial and other administrative agencies shall seal up and detain the location of the infringing copies in accordance with the law.

2. How to provide evidence in copyright infringement disputes

The plaintiff in a copyright infringement case should at least bear the burden of proof of the following evidence:

(1) Prove that he is the copyright owner of the work (creator, creator of collaborative works) , the right holder of the work for his/her job, and the right to inherit or transfer part of the complete power of the work);

(2) Evidence of the right to claim the right (the copyright owner or Its authorizers, successors and assigns), especially for professional works, it is necessary to clearly define the rights holder and the division of rights and authority.

(3) Evidence proving that the infringer has committed an infringement (a statutory infringement circumstance). The burden of proof to exclude fair use or permitted use shall be borne by the defendant. ;

(4) Evidence of infringement circumstances (implementation of infringement, scope of influence, victimization, degree of damage, etc.), including economic damage and mental damage;

(5) Evidence of request for compensation such as the size of the damage and the size of the infringer’s profits.

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