1. How the People’s Court handles infringement tools when hearing copyright dispute cases
1. When the People's Court hears cases of copyright disputes, it shall order the destruction of materials, tools, equipment, etc. that are mainly used to make infringing copies without compensation; or in special circumstances, order the aforementioned materials, tools, equipment, etc. to be prohibited from entering into commerce. channel and no compensation will be given.
2. Legal basis: "Copyright Law of the People's Republic of China"
54 If a copyright or copyright-related rights is infringed upon, the infringer shall compensate the right holder based on the actual losses suffered or the infringer’s illegal gains; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, the infringer may refer to the right Compensation will be provided for usage fees. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.
If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the royalties for use of rights, the people's court shall make a judgment of five hundred yuan based on the circumstances of the infringement. Compensation of more than 5 million yuan and less than 5 million yuan.
The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer. , can order the infringer to provide account books, materials, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, materials, etc., the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
The People's Court hears cases of copyright disputes and, at the request of the rights holder, orders the destruction of infringing copies except under special circumstances;The materials, tools, equipment, etc. used to produce goods shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials, tools, equipment, etc. shall be prohibited from entering commercial channels without compensation.
2. What are the types of copyright infringement
1. Direct infringement
Copied in any way without the permission of the author or other copyright holder , publishing, distribution, adaptation, translation, broadcast, performance, exhibition, filmmaking, etc., all constitute direct infringement of copyright. This kind of infringement is the main target of crackdown.
2. Indirect infringement
means that the infringement of the infringer is the infringement of others continues, thereby constituting indirect infringement; or a person must bear some responsibility for the conduct of others, but he himself has not directly engaged in any infringement.
3. Infringement of contract
This kind of infringement mainly occurs in copyright transfer and copyright licensing During the activity, if the copyright transferee or licensee violates the contract and uses the copyright beyond the stipulations of the transfer agreement or license agreement without authorization. Such behavior constitutes both breach of contract and infringement. This situation occurs frequently in the transfer and licensing of computer software.
4. Partial infringement
The infringer did not copy, adapt, translate or otherwise In other ways, the work of another is used without the permission of the copyright owner, but is a partial infringement of the work of another.
According to the provisions of the Copyright Law, the People's Court hears cases of copyright disputes and orders the destruction of materials, tools, equipment, etc. that are mainly used to make infringing copies. , without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation. 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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