If your copyright is infringed in China, you can ask assistance from a local intellectual property protection office, or you can contact a lawyer to help you take legal action against the infringer. 

(1) Collect and sort out relevant evidence materials to prove the profit of infringement, etc.

(2) To prove the establishment of the copyright suspected of being infringed

First, prove that the plaintiff has the qualification of litigation subject, the copyright belongs to the plaintiff.

Second, prove the existence of the work, the plaintiff should provide specific works, such as books, audio recordings, etc.

Thirdly, it is proved that the works are copyright in China And the work is still within the protection period of the copyright law.

(3) Prove the existence of the tort and the specific mode of infringement

In order to make the evidence more accurate and convincing, the plaintiff can hire the impartial personnel of the notary office to purchase the infringing articles together, and ask the impartial personnel to make the notarial certificate for the whole purchase process.

(4) Select the court of jurisdiction

(5) pre-prosecution measures

As the plaintiff should consider applying for pre-trial injunction, evidence preservation, property preservation, etc.

(6) file a case and prepare for court

(7) Require the defendant to bear legal responsibility

The plaintiff shall submit evidence of his economic loss as a result of the infringement; Or evidence of illegal profits made by the defendant;

These are the 7 complete procedures for copyright infringement cases.

The compensation for copyright infringement in China

What is the standard of compensation for copyright infringement

Article 49 of the China Copyright Law Where copyright or copyright-related rights are infringed, the infringer shall make compensation according to the actual losses incurred by the obligee. If the actual loss is difficult to calculate, compensation may be made according to the illegal gains of the infringer. The amount of compensation shall also include reasonable expenses paid to stop the infringing act.

Types of copyright infringement

Types of copyright infringement:

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

(2) publishing a work co-created with others .

(3) signing name on another's work.

(4) distorting or tampering with the works of others;

(5) plagiarizing the works of others;