Consult on software infringement How to deal with software infringement

1. Mediation refers to the dispute resolution method in which the parties reach a settlement agreement under the auspices of the mediation organization in the event of a dispute. Mediation organizations may be copyright administrative departments and other departments, as well as other social groups and mass organizations. Copyright infringement disputes and contract disputes can be resolved through mediation.

The mediation agreement is not legally mandatory and cannot be enforced. After reaching an agreement, if one party repents and does not agree to implement the mediation agreement, the mediation agreement will lose its validity and the parties can resolve the dispute through litigation.

2. Arbitration refers to the dispute resolution method in which the arbitration institution adjudicates the dispute between the parties in accordance with certain arbitration procedures. Copyright arbitration is conducted by copyright arbitration institutions, which is mainly applicable to the resolution of copyright contract disputes, and there must be an arbitration clause in the copyright contract or a written arbitration agreement reached afterwards. If one party fails to perform the arbitral award, the other party may apply to the people's court for compulsory enforcement.

3. Litigation of copyright refers to a way to resolve copyright disputes by filing a lawsuit with the people's court and using litigation procedures. Litigation is the main way to resolve copyright disputes as stipulated in the Copyright Law of China. In addition, the people's court enforcing the arbitration application has the right not to enforce the arbitral award if it finds that the arbitral award is illegal, and the parties may also file a lawsuit with the people's court for contract disputes.

The statute of limitations period for a party to request protection of copyright from the people's court is 2 years, and the starting date of the limitation period is calculated from the time when the copyright owner knows or should know that the copyright has been infringed upon the copyright. In the course of hearing a case, the people's court may confiscate the illegal gains, the reproductions of the code reversal rights, and the property of the illegal activities where the copyright or copyright-related rights are infringed. Article 49 of the Copyright Law provides that if a copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains.

Software infringement is defined as follows: if the actor subjectively has the intent to infringe, and objectively publishes or uses his work for profit without the permission of the copyright owner, and has exceeded the scope of fair use prescribed by law, it can be determined that it is software infringement and shall bear the liability for infringement compensation.

Article 47 of the Copyright Law of the People's Republic of China.

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

2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Those who did not participate in the creation of divination, but signed the works of others for the purpose of seeking personal fame and fortune;

4) Distorting or tampering with the works of others;

5) Plagiarizing the works of others; Wait.

Legal analysis: Copyright disputes can be mediated, or they can apply to an arbitration institution for arbitration according to the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

There are six criteria for determining software copyright infringement, and if one of them is met, it is considered that the software copyright is infringed: publishing or registering the software without the permission of the software copyright owner; Publish or register other people's software as their own software; Without the permission of the collaborators, publishing or registering the software developed in cooperation with others as the software completed by oneself alone; Other acts of infringement of software copyright, such as Zheng Bowei.

[Legal basis].Article 23 of the Regulations on the Protection of Computer Software.

Except as otherwise provided in the "Copyright Law of the People's Republic of China" or these Regulations, those who commit any of the following infringements shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses:

1) Publishing or registering software without the permission of the software copyright owner;

2) Sending or registering Brother Cong's other people's software as their own;

3) Without the permission of the collaborators, publishing or registering software developed in cooperation with others as software completed by oneself alone;

4) Signing or changing the signature on another person's software;

5) Modifying or translating software without the permission of the software copyright owner;

6) Other acts of infringement of software copyright.

1. The actor subjectively has the intention to infringe on the exclusive right to use the registered trademark of another person;

2. The perpetrator objectively directly or indirectly committed the illegal act;

3. The above-mentioned illegal acts of Changbury cause the registrant to suffer actual losses;

4. Other conditions.

[Legal basis].Article 23 of the Regulations on the Protection of Computer Software.

Except as otherwise provided in the "Copyright Law of the People's Republic of China" or these Regulations, those who commit any of the following infringements shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses:

1) Publishing or registering software without the permission of the software copyright owner;

2. Publishing or registering other people's software as their own;

3) Without the permission of the collaborators, publishing or registering software developed in cooperation with others as software completed by oneself alone;

4) Signing or changing the signature on another person's software;

5) Modifying or translating software without the permission of the software copyright owner; Code-resistant ants.

6) Other acts of infringement of software copyright.

1.Publish or register software without the permission of the software copyright owner; 2.Publishing or registering other people's software as its own; 3.

Without the permission of the collaborators, publishing or registering the software developed in cooperation with others as the software completed by oneself alone; 4.Signing or changing the signature on another person's software. Article 23 of the "Regulations on the Protection of Computer Software" Except as otherwise provided in the "Copyright Law of the People's Republic of China" or these Regulations, a person who commits any of the following infringements shall bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses according to the circumstances:

1) Publishing or registering software without the permission of the software copyright owner; (2) Publishing or registering other people's software as self-leased software; (3) Without the permission of the collaborators, publishing or registering software types developed in cooperation with others as software completed by oneself alone; (4) Signing on other people's software or changing the signature on others' soft bucket items; 5) Modifying or translating software without the permission of the software copyright owner; 6) Other acts of infringement of software copyright.