Which level of court should you file a lawsuit against for copyright infringement?

Copyright civil dispute cases shall be subject to the jurisdiction of the people's courts above the intermediate level or the grassroots people's courts determined by the higher people's courts in terms of hierarchical jurisdiction. In terms of geographical jurisdiction, the people's court in the place where the Infringement occurred or where the defendant is domiciled shall have jurisdiction. Regarding the question of which level of court to file a lawsuit for copyright infringement, the editor of Legal Savior Network will give you a detailed answer below.

1. Which level of court should you file a lawsuit for copyright infringement

1. Internet copyright Infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's residence, the location of the computer terminal and other equipment where the plaintiff discovered the infringing content can be regarded as the place of infringement;

2. Domain names involved Infringement dispute cases shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff finds the computer terminal and other equipment of the domain name can be regarded as the place of infringement;

3. Copyright If it is a dispute case, it shall be under the jurisdiction of the people's court at the place where the defendant is domiciled;

4. For cases involving copyright contract disputes, it shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or the place where the contract is performed.

5. Legal basis:

"Civil Procedure Law of the People's Republic of China" Article 20 Article 8 stipulates that lawsuits filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.

Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" states that cases of copyright civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of their respective jurisdictions.

Article 4 of the "Civil Procedure Law of the People's Republic of China", civil lawsuits filed due to copyright infringement shall be governed by Article 46 of the Copyright Law, "Civil Procedure Law of the People's Republic of China" As stipulated in Article 47 of the Civil Procedure Law of the Republic, the people's court at the place where the infringement is committed, where the infringing copies are stored or seized or seized, and where the defendant is domiciled shall have jurisdiction. The storage place of infringing copies specified in the preceding paragraph refers to the place where infringing copies are stored or concealed in large quantities or for commercial purposes;The place of seizure and seizure refers to the place where the customs, copyright, industry and commerce and other administrative agencies have seized and seized infringing copies in accordance with the law.

2. How to provide evidence in copyright infringement disputes

1. The plaintiff in a copyright infringement case should bear at least the burden of proof of the following evidence:

(1) Evidence proving that you are the copyright holder of the work (the creator, the creator of a collaborative work, the right holder of a professional work, the person who enjoys the partial and complete inheritance or transfer rights of the work);

(2) Evidence of ownership of claimed rights (copyright owner or its authorized person, successor, assignee), especially for professional works, the right holder and the division of rights and authority need to be clearly defined.

(3) Evidence proving that the infringer has committed an infringement (a statutory infringement circumstance). The burden of proof to exclude fair use or permitted use shall be borne by the defendant. ;

(4) Evidence of infringement circumstances (implementation of infringement, scope of influence, victimization, degree of damage, etc.), including economic damage and mental damage;

(5) Evidence of request for compensation such as the size of the damage and the size of the infringer’s profits.

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