Legal analysis
When intellectual property rights are infringed, we should do the following: First, fix the quantity and business scale of infringing goods found at the scene of evidence collection. Obtaining evidence for many times in the same place, if the existing evidence proves that there are many infringing goods and the business scale is large, and the multiple evidence collection is enough to prove that the operator continues to sell infringing goods, he can get more compensation; The second is to fix the business information of the operator to avoid the litigation efficiency being affected by the subject of the party or other procedural problems; The third is to fix the defendant's website, publicity materials or materials left in relevant departments, such as the defendant's public declaration and submission of relevant departments' business scope, sales scale, profits and other data, which can be used as preliminary evidence of the claim; Fourth, actively trace the source of infringing goods, stop the infringement from the source, and may get more compensation. You can defend your rights in the following ways: (1) complain to the administrative department for industry and commerce and apply for administrative investigation of intellectual property infringement. (2) Contact with newspapers, internet and other news media. (3) Collect and save the evidence that the other party infringes on the intellectual property rights you enjoy. When necessary, you can consult a lawyer and ask him to investigate, collect evidence and entrust notarization on the facts of intellectual property infringement. (four) through consultation with the infringer or through legal proceedings to resolve intellectual property disputes, safeguard the legitimate rights and interests of their own intellectual property rights.
legal ground
Article 52 of the Copyright Law of People's Republic of China (PRC) commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: (1) publishing his works without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; (4) distorting or tampering with other people's works; (5) Plagiarizing other people's works; (6) Using a work by means of exhibition, filming of audio-visual products, etc., or using a work by means of adaptation, translation, annotation, etc. without the permission of the copyright owner, except as otherwise provided by this Law; (seven) the use of another person's work, which should be paid but not paid; (8) Renting the originals or duplicates of audio-visual works, computer software and audio-visual products without the permission of the copyright owner, performer or producer of audio-visual products, except as otherwise provided by this Law; (9) Using the layout design of books and periodicals published by publishers without their permission; (10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer; (eleven) other acts of infringement of copyright and copyright-related rights.