1. Can the People's Court confiscate property when hearing cases of copyright infringement?
1 , can be confiscated. When hearing cases, the People's Court may confiscate illegal gains, infringing copies, and property used for illegal activities in cases of infringement of copyright or copyright-related rights.
2. Legal basis: "Copyright Law of the People's Republic of China"
58 When hearing cases, the People's Court may confiscate illegal gains, infringing copies, and property used for illegal activities in cases of infringement of copyright or copyright-related rights.
2. What are the characteristics of copyright infringement
(1) It is a specific civil legal relationship.
It means that the infringer illegally infringes the copyright or copyright-related rights and interests of others, causing property or non-property losses to the copyright owner. The copyright owner has the right to claim against the infringer. The civil right to compensate for losses, and the civil legal relationship in which the infringer has a civil obligation to compensate for losses. This mainly reveals the rights and obligations relationship between the subject of copyright rights and the subject of obligations, that is, the copyright owner and the infringer. It is also a legal relationship of debt.
(2) A specific form of civil liability.
When an infringer infringes upon the property rights or personal rights of others, causing property or non-property losses to the copyright owner, and the infringer fails to fulfill his obligation to compensate, the law will force the infringer to Bear civil liability for compensation for losses. This kind of civil liability for compensation for losses is the civil liability for damages for copyright infringement. Copyright infringement first creates a relationship of rights and obligations for damages. When the obligor fails to perform his obligations, the obligation to compensate for damages is transformed intoas a civil liability.
(3) A civil legal system regarding copyright.
Anyone who causes damage to other people's property due to his or her own behavior must compensate for it. This damage compensation system includes a copyright infringement damage compensation system, a copyright breach of contract damage compensation system, and an unjust enrichment damage compensation system, etc. The copyright infringement damage compensation system is a specific copyright civil legal system.
According to the provisions of the Copyright Law, when the People's Court hears cases and infringes on copyright or copyright-related rights, it may confiscate illegal gains, infringing copies and Property used for illegal activities. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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