Copyright litigation costs are high, litigation takes a long time, and many infringed original authors have difficulty safeguarding their rights
So what are the ways to identify software copyright infringements? Below Bajie Intellectual Property will take you to understand the relevant legal knowledge
Identification of software copyright infringement 1. Analysis of the plaintiff’s work According to the provisions of our country’s laws, the principle of automatic protection is adopted when copyright is created, that is, once the work is created Once completed, the copyright is generated
Therefore, unlike the determination of other types of intellectual property infringement such as patents and trademarks, the determination of copyright infringement also involves the validity of the rights
One owner A work with valid copyright must meet the following conditions: it belongs to the scope of works protected by copyright law; it is original; it can be copied in some tangible form
As long as any one of the conditions is not met, the plaintiff’s work will not be protected by copyright. Copyright Law Protection
In this way, the defendant certainly has not infringed the law
If the plaintiff’s work meets the above conditions, the work enjoys copyright law protection
2. The accused Analysis of the infringing works and the defendant's use methods The following two standards can be applied to the analysis of the allegedly infringing works: first, access, that is, the opportunity to come into contact with the previous work; second, substantial similarity, that is, the parts that should be protected by copyright are substantially similar
Among them, the latter is the key point of determination
When determining whether the plaintiff's and defendant's works are substantially similar, the copyright-protected parts of the plaintiff's work should be compared with the corresponding parts of the defendant's work , to determine whether the two are substantially similar
Bajie Intellectual Property reminds you that for copying, the most common way of using works, according to the provisions of Article 52, Paragraph 2, of the Copyright Law of our country, in accordance with the project Design, product design drawings and their descriptions for construction and production of industrial products do not constitute copying within the meaning of copyright law
It can be seen that in our country, reproducing a two-dimensional work in a three-dimensional form does not constitute an infringement of the two-dimensional work. Infringement