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What if the copyright is infringed? Trademark lawyers advise doing so

Article source: China Judicial Documents network   Release time:2020-07-24 09:00:28  viewed:0time   

In the column:Industry information

    A, works by infringement how to deal with better

    If the copyright is infringed, the copyright owner may negotiate with the infringer about compensation. If the negotiation fails, the copyright owner may file a lawsuit with the court. If a crime has been committed, the copyright owner may report the case to the public security organ.

    Ii. Relevant legal provisions

    Article 48 Copyright Law of the People's Republic of China

    Anyone who commits any of the following ACTS of infringement shall, in light of the circumstances, bear civil liabilities such as stopping the infringement, eliminating its influence, making an apology or paying compensation for losses; Where public interests are harmed at the same time, the copyright administrative department may order the cessation of the infringing act, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine. If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law:

    (1) reproducing, distributing, performing, screening, broadcasting, compiling or disseminating to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this Law;

    (2) publishing a book whose exclusive right of publication is enjoyed by another person;

    (3) copying or distributing a sound or video recording of a performance without the permission of the performer, or disseminating such performance to the public through information networks, except as otherwise provided for in this Law;

    (4) reproducing, distributing or disseminating to the public through information networks a sound or video recording product made by him without the permission of the producer, except as otherwise provided for in this Law;

    (5) broadcasting or reproducing radio or television without permission, except as otherwise provided for in this Law;

    (6) where, without the permission of the copyright owner or copyright-related right owner, the owner intentionally avoids or destroys the technical measures taken by the owner to protect copyright or copyright-related rights in his work, sound recording or video recording product, unless laws or administrative regulations provide otherwise;

    (7) intentionally deleting or altering, without the permission of the copyright owner or copyright-related right owner, the electronic information for the administration of the rights of a work, sound recording or video recording product, etc., except as otherwise provided for by laws and administrative regulations;

    (8) producing or selling a work with the signature of another person counterfeited.

    Article 49. Copyright Law of the People's Republic of China

    Where a copyright or copyright-related right is infringed, the infringer shall pay compensation according to the right holder's actual loss; Where the actual loss is difficult to calculate, compensation may be made according to the illegal gains of the infringer. The amount of compensation shall also include reasonable expenses paid by the right to stop the infringement.

    If the actual loss of the obligee or the illegal gains of the infringer cannot be ascertained, the people's court shall, in light of the circumstances of the act of infringement, make a judgment of not more than 500,000 yuan as compensation.

    If the copyright is infringed, the copyright owner may negotiate with the infringer about compensation. If the negotiation fails, the copyright owner may file a lawsuit with the court. If a crime has been committed, the copyright owner may report the case to the public security organ. If you need legal help, you can consult a trademark lawyer. Changping Intellectual Property Center is at your service!