Legal analysis
The main measures taken by the state to protect intellectual property rights are: constantly improving and perfecting the national intellectual property legal system and creating a legal environment for respecting and protecting intellectual property rights. Strengthen the protection and punishment of intellectual property rights, and severely crack down on all kinds of intellectual property rights violations according to law. At the same time, it is necessary to establish a special review mechanism for intellectual property rights in major economic activities to avoid the loss of independent intellectual property rights. Prevent enterprise monopoly and realize intellectual property power, that is, technology power. When general intellectual property infringement occurs, it can be settled through consultation with the infringer first. If the negotiation fails, the following ways can be adopted for comprehensive treatment: by reporting to the Industrial and Commercial Bureau, the Patent Office and the Copyright Bureau (Cultural Law Enforcement Brigade), the infringing enterprise is required to stop the infringing act and at the same time be given administrative punishment. Report the case to the public security organ and request criminal punishment for the responsible person of the infringer, so as to fundamentally prevent the recurrence of the infringement. To lodge complaints with the customs about customs filing and customs intellectual property protection. Through litigation, request the people's court to order the infringer to stop the infringement and compensate for the losses. Generally divided into civil dispute cases, administrative litigation cases and criminal cases of infringement of intellectual property rights. There are three main types of intellectual property cases accepted by the people's courts: the first type is civil disputes, including all kinds of intellectual property contract disputes, all kinds of infringement disputes involving infringement of intellectual property rights, and disputes over compensation liability and compensation amount in intellectual property cases, which are brought to the people's court after mediation by the administrative department; The second category is administrative litigation cases, which mainly refer to cases in which the parties bring a lawsuit to the people's court against the administrative punishment made by the intellectual property administrative department; The third category is criminal cases that infringe intellectual property rights and constitute a crime and are tried by the people's courts. This kind of protection is mainly applicable to the situation that the interests of intellectual property rights holders are seriously violated and cause great losses.
legal ground
Copyright law of the people's Republic of China
Article 1 This Law is formulated in accordance with the Constitution for the purpose of protecting the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encouraging the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promoting the development and prosperity of socialist culture and science.