In the information age, the importance of intellectual property rights is becoming increasingly prominent. As a common criminal offense, the defense points of copyright infringement need to be carefully analyzed.
The lawyers of the criminal team of Zhejiang Qunheng Law Firm wrote a special article to discuss the defense points of copyright infringement, aiming to provide some defense strategies and ideas for the defendant's family and other defense lawyers.
1. The basic concept and legal protection of copyright.
Understanding the basic concepts of copyright is a prerequisite for an effective defense. Copyright, or copyright, refers to the exclusive rights enjoyed by creators over the literary, artistic, and scientific works they create. In China, copyright is protected by the Copyright Law of the People's Republic of China.
There are a large number of overlapping civil and criminal cases and executions in such cases. It can be both difficult and challenging.
2. Key points of defense for the crime of copyright infringement.
1.The defendant's plea of innocence.
For the crime of copyright infringement, the defense of not guilty can be made from the following aspects:
1) Insufficient evidence: If there is insufficient evidence to charge the crime, the defendant should be found not guilty. The defense lawyer should carefully review the evidence in the case and look for evidence in favor of the defendant to prove the defendant's innocence.
2) Misapplication of the law: If the law is applied incorrectly, it may also result in the defendant being acquitted. In such cases, the defense lawyer should point out the ambiguities in the legal provisions and cite relevant precedents to support his or her point.
3) Lack of subjective intent: In many cases of copyright infringement, if the defendant does not have subjective intent, his conduct may not be considered a crime. Therefore, the defense lawyer should focus on proving that the defendant did not have subjective intent.
2.The defendant's plea of lesser guilt.
For those defendants who cannot be completely exonerated from the crime, the defense of the lesser crime can be made in the following aspects:
1) The degree of infringement is relatively minor: if the defendant's infringement has not caused significant losses to the original author, or if its infringement has not caused a serious impact on the public interest, the social harm of the defendant's act is small. Defence counsel should point this out in order to seek a lighter sentence for the accused.
2) Actively cooperate with the investigation: If the defendant actively cooperates with the investigation of the case, admits his mistakes, and is willing to compensate for losses, he has a better attitude of admitting guilt. Defence counsel should emphasize this point in order to seek a lighter sentence for the accused.
3) First offense: If the defendant is a first-time offender and has no criminal record, the harm to society is relatively small. Defence counsel should point this out in order to seek a lighter sentence for the accused.
After years of defense practice, the lawyers of Zhejiang Qunheng Law Firm believe that in order to protect copyright, the state should give priority to prevention and strengthen education and publicity. "Abuse without teaching".
Measures to prevent copyright infringement are:
1.Raising legal awareness: Raising public awareness and understanding of copyright laws through publicity and education to make people aware of the seriousness of copyright infringement. At the same time, to enable creators to understand how to protect their works from infringement.
2.Regulate market order: Strengthen the supervision of the intellectual property market, crack down on infringement and piracy, and maintain market order. At the same time, it is also necessary to establish and improve the intellectual property trading platform to provide legal and safe services for creators and demanders.
3.Strengthening international cooperation: In the context of globalization, cooperation between countries on the protection of intellectual property rights is particularly important. China should actively participate in international intellectual property protection organizations, strengthen cooperation and exchanges with other countries, and jointly combat transnational copyright infringement.
4.Encourage innovation and creation: In order to encourage innovation and creation, we should increase support for creators and provide necessary financial and policy support. At the same time, a sound reward mechanism should also be established to commend and reward outstanding creators.
5.Improve laws and regulations: With the development of science and technology and the progress of the times, relevant laws and regulations should also be continuously improved and updated. It is necessary to strengthen the regulation of online infringement and formulate stricter legal provisions to combat online piracy. At the same time, relevant judicial interpretations should also be improved to make the application of law clearer and more concrete.
When dealing with copyright infringement cases, defense lawyers should fully understand the facts and evidence of the case and choose appropriate defense strategies according to the specific circumstances. At the same time, the whole society should also work together to prevent and combat copyright infringement by raising legal awareness, regulating market order, strengthening international cooperation, encouraging innovation and creation, and improving laws and regulations.
Criminal law is not as severe as possible. It is necessary to achieve a combination of punishment and education. Punish the offender and avoid recidivism. Warn others.
It's the best policy! 