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   How to protect the copyright of the web page
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   Author  Topic: How to protect the copyright of the web page  (Read 625 times)
bandcnlawyer
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How to protect the copyright of the web page
« on: Dec 4th, 2007, 7:30pm »
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How to protect the copyright of the web page in China
Source: LIAONING BANDCN LAW FIRM    
written by :  Fangfang Wang
 
When you find others copy your unique design of web page withour your permission, you, as owner of  
 
copyright of this web page, shall protect your rights and interests as follows in China:
 
 
 
Firstly, basic knowledge you should know: according to Copyright Law of PRC, the designer of web page  
 
are authorized to be the owner of the copyright and his copyright shall be protected, that’s to say, if  
 
others copy his works without his permission, he is entitled to sue the persons copying his works to the  
 
court over the infringement on his copyright.
 
 
 
Secondly, burden of proof in the infringement over the copyright. You, as the owner of the copyright of  
 
works, have to prove that you are the owner of the web page and others now are using your works.  
 
Therefore, once you find others copying your works, you’d better collect all the attainable evidence as  
 
soon as possible by means of taking photograph, kinescoping, ect, which may enable you on the active  
 
position.
 
 
 
Thirdly, if you, as the owner of the works, have some difficulty in collecting evidence, the relevant law  
 
grant you the right to apply to people’s court to carry out compulsory preservation of evidence.
 
Fourthly, after you has submitted your complaint, you are authorized to apply to people’s court to require  
 
others copying your works to stop the action of infringement, make an apologize and eliminate the  
 
negative effect.
 
 
 
Finally, the standard for counting the damages of compensation. Your damages of compensation shall  
 
be counted in accordance with how much loss you suffered;If you failed to prove how much loss you  
 
suffered, the second standard of counting is how much illegal profits the persons copying your works  
 
gainned from action of; If the above-said two standards are too difficult to be proved, people’s court will  
 
require the others copying your works compensate ¥50,000 at most in line with the actual polt of  
 
infringement.
 
 
 
Knowing the above five points well, you are able to protect your web page timely and effectively.
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