Strengthen copyright protection cooperation, Shanghai Copyright Bureau and the Municipal Procuratorate jointly held a press conference!Top Ten typical cases announced →

On September 13, the Shanghai Copyright Bureau and the Shanghai People's Procuratorate jointly held a press conference of Shanghai Copyright Protection Work in 2022 to release Shanghai copyright protection public welfare promotional videos. The Municipal Copyright Bureau released the top ten typical cases of Shanghai Copyright in 2021, and the Municipal Procuratorate released the "Shanghai Copyright Procuratorate White Paper (2019-2021)" (hereinafter referred to as "White Paper").

The Propaganda Department of Changning, Yangpu, and Jiading District Party Committee signed the "Memorandum of Strengthening Copyright Protection Cooperation" (hereinafter referred to as "Memorandum") with the three district procuratorates to form a joint power protection joint force.

Typical cases focus on key areas to focus on new cases

The top ten typical cases of Shanghai Copyright in 2021 were selected by the Municipal Copyright Bureau. The occurrence includes 3 criminal cases, 3 administrative cases, and 4 civil cases.

The top ten typical cases are: "Renren Film and Television" invading copyright criminal cases, "Blood Legend" game private server violations of copyright criminal cases, volleyball games network live copyright infringement disputes, infringement of sports television programs copyright administrative penalties, blind box people The images of violations of copyright administrative penalties, the "gourd baby" registered trademark invading the first copyright dispute, "Three Body" audio readings copyright infringement disputes, invading the transformation diamond series toy copyright criminal case, and infringing the "Little Yellow" animation image copyright Administrative penalties and "IF influence factor" database copyright infringement disputes.

The top ten typical cases selected this time have high social attention. By increasing the punishment of illegal crimes, it has achieved good legal effects and social effects. The top ten typical cases focus on key cutting -edge areas, covering the high incidence of sports events, audiovisual websites, and webcasts in recent years. , Strengthening copyright management, etc., played a good role in promoting.

For example, the "Three Body" has the case of audible reading copyright infringement disputes. Due to the dissemination of the "Three Body" sound novels without authorization, the court issued high compensation to the litchi APP that helped infringement. "Three Body" involved in the case is a well -known science fiction novel in China. It has high commercial value. There are a large number of "Three Body" audio on the litchi APP. There are many consecutive episodes, and Lizhi Company is easy to identify that such audio is infringing audio. For influential anchors such as exclusive anchors, Lizhi Company has a higher attention obligation to the content of its broadcast.

In the typical cases selected this time, there are a number of new types of cases, such as the above -mentioned "Blood Legend" game private server invading copyright criminal cases, blind box puppet images invading copyright administrative penalties, "Gourd Wa" registered trademarks invading the first copyright disputes. Cases, etc., through judicial research and judgment and innovative case handling model, provide demonstration effects for the handling of similar cases.

New type of network technology is gradually applied to the full chain of crime

"White Paper" shows that from 2019 to 2021, the Shanghai procuratorial organs accepted 103 326 cases of Copyright crime review and arrest, approved the arrest of 81 216 cases; 93 291 cases were accepted for review, and 84 prosecutions were prosecuted. There have been 82 cases of 224 cases of violations of copyright crimes, of which 2 were sentenced to 2 people, 137 people were sentenced to three years in prison, 83 were sentenced to three to seven years in prison, and 135 were announced. Essence

In the acceptance of the case, the number of common crimes of the two people reached 125, accounting for 63.8%of the total number of cases. Among them, 11 cases of more than 10 criminal suspects were reached, and the criminal subject showed a large -scale and corporate trend. The criminal objects are electronic and data. There are also new types of cases such as a practical artistic copyright case that violates the cartoon image data cable protective cover, the compilation of the work bank's compilation of the question bank, and the two types of intellectual property types at the same time infringe on the two types of intellectual property.

The new network technology is gradually being used to the full chain of crimes, including the implementation of the implementation stage and the stolen stolen stage. High requirements. In addition, the case also reflects that the awareness of rights and means of rights inside is relatively weak; some infringers have a weak legal awareness, and some toy characteristic industries have become a high incidence of toy copyright crimes, showing corporate operating trends; protecting intellectual property rights, respect for respect Social consensus of independent innovation needs to be strengthened.

According to the highest procuratorial deployment, Shanghai Procuratorate established an intellectual property procuratorial office covering the city's third -level procuratorate in 2020, and formed an intellectual property procuratorial and protection team composed of business backbones from procuratorates at all levels in the city. While cracking down on copyright crimes, the Shanghai procuratorial organs, based on the inforgence system of the rights and obligations of the rights of intellectual property rights rights in the country, deepen the substantial participation in the criminal litigation mechanism of the right holder, promote the rational compensation of the procuratorial link, strengthen the criminal of intellectual property, civil, and administrative administration, civil, and administrative. The procuratorial functions are fulfilled and unified, breaking the barriers of work, and achieving a comprehensive protection effect of comprehensive protection of crime punishment and social governance.

Strengthen cooperation with professional services to enterprises

According to the "Memorandum" signed by the Third District, the copyright workstation and the intellectual property procuratorial office of the District Procuratorate of the Pilot District Party Committee and the Intellectual Property Procuratorate of the District Procuratorate will regularly hold joint meetings to report the copyright work and case clues; Services and special activities, provide enterprises with services such as copyright creation, use, management, and protection, and build a communication platform for both parties to the copyright supply and demand to promote the transformation and dissemination of copyright works and help enterprises solve the problems of copyright protection. The two parties will also share professional resources to exchange the dynamics of copyright industries and promote copyright disputes through special lectures, expert consultation, and convening seminars. At the same time, through the comprehensive governance work of the copyright industry and the criminal compliance work of the copyright enterprise, we jointly protect the legitimate rights and interests of enterprises and promote the laws and interests of enterprises. The two parties will also jointly organize professional training to carry out the promotion and training of copyright laws and regulations and related knowledge through training and research on the same method, and jointly cultivate professional talents in the copyright field and form a professional talent pool.

Recently, the Shanghai copyright protection public welfare promotional film "Respect for copyright and prosperity" was jointly produced and launched by the Municipal Procuratorate and the Municipal Copyright Administration, which will focus on the copyright innovation parks and copyright enterprises.

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Edit: Wu Zebin

Editor in charge: Wang Wei

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