What are the specific provisions on pre-litigation evidence preservation in the 2023 Copyright Law Amendment?

The pre-litigation evidence preservation measures in the Copyright Law are to effectively prevent the occurrence of infringement or its evolution to uncontrollable results, causing irreparable losses to the copyright owner. So there are specific legal provisions for pre-litigation evidence preservation. Is it necessary to provide a guarantee? ? Below is the relevant content compiled by the editor of Legal Savior Network for everyone. You are welcome to read it.

What are the specific provisions on pre-litigation evidence preservation in the revision of the Copyright Law

Specific provisions: In order to prevent infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may apply to the People's Court to preserve evidence before filing a lawsuit.

After the People’s Court accepts the application, it must be within forty-eight hours A ruling shall be made within a certain period of time; if it is decided that preservation measures shall be taken, implementation shall begin immediately.

The People's Court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected.

If the applicant does not file a lawsuit within fifteen days after the People's Court takes preservation measures, the People's Court shall terminate the preservation measures.

Pre-litigation evidence preservation is a newly added provision in this revision of the Copyright Law:

my country’s Civil Procedure Law only stipulates the evidence preservation system in litigation. According to Article 74 of the Civil Procedure Law, evidence preservation refers to the people’s A system in which the court takes measures to fix and preserve evidence at the request of litigation participants or ex officio. In this revision of the Copyright Law, considering that my country is about to join the World Trade Organization, the level of judicial protection of intellectual property rights in my country should be consistent with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and this provision has been added. Paragraph 2 of Article 50 of the Agreement stipulates: “If deemed appropriate, judicial authorities shall have the right to take provisional measures at the request of a party before the hearing, especially if any delay may cause irreparable consequences to the rights holder. damage, or where there is a clear danger that the evidence in question will be destroyed."

In summary, this is all the content compiled by the editor for you. Regarding pre-litigation evidence preservation measures, you must pay attention to specific time limits and guarantees. If you have more relevant legal content that requires detailed consultation, welcome to the Legal Savior Network Seek help from a professional lawyer.