How is material infringement defined in the Civil Code?

In the real society, everyone knows that personal actions are protected by national laws, but there are many infringements, which cause certain losses to individuals. Faced with such a situation, how is the infringement of materials defined in the Civil Code? Below, the editor of Legal Savior NetWork will answer the relevant content for you.

1. How to define infringement of materials in the Civil Code

If For the purpose of profit, it is suspected of infringing the copyright of others; if it is for personal research and entertainment, it does not constitute infringement.

"Copyright Law"

Article 52 Whoever commits the following infringement acts shall Depending on the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publishing the work without the permission of the copyright owner;

(2) Without the permission of the co-author, the work created in collaboration with others is published as a work created alone;

(3) Without participating in the creation, for the purpose of seeking personal fame and fortune, signing someone else's work;

(4) Distortion , Tampering with other people’s works;

(5) Plagiarizing other people’s works;

(6 ) Without the permission of the copyright owner, use the work by displaying or filming audio-visual works, or use the work by adapting, translating, annotating, etc., except as otherwise provided for in this law;

(7) Remuneration should be paid but has not been paid for the use of other people's works;

(8) Audio-visual works, computer software, recordings without With the permission of the copyright holder, performer or producer of audio and video recordings, the original or duplicate copy of his or her work or audio and video recordings may be leased, unless otherwise provided for in this law;

(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;

(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;

(11) Other acts that infringe upon copyright and copyright-related rights.

2. Design infringement in the Civil Code How to define it

Generally speaking, if the design patent is within the validity period and the annual fee is paid on time, then the patent is valid.

As long as the appearance of the product produced by the defendant is similar to the drawings (six-sided drawings) of the design patent certificate, it can be deemed to be infringing.

Article 61 of the "Patent Law of the People's Republic of China", if a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual that manufactures the same product Proof that the manufacturing method of the product differs from the patented method should be provided. If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department administering patent affairs may require the patentee or interested party to issue a document after the patent administration department of the State Council has searched, analyzed and evaluated the relevant utility model or design. The patent right evaluation report shall be used as evidence for hearing and handling patent infringement disputes.

We can understand that according to regulations, if is used for profit, it will be suspected of infringing the copyright of others. If it is for personal research and entertainment, it does not constitute infringement. If it causes infringement, you can ask for compensation. I hope everyone can understand. The above is the content compiled by the editor. If you still don’t understand anything, you can consult the relevant lawyers on the Legal Savior Network.