The Legal Analysis On A Case Of Copyright Infringement

In today's society, with copyright infringement and suffered a lawsuit brought, and some common is covered with litigation is the purpose of realizing legal cover civil malicious prosecution continued litigation. At present, our country and the corresponding legal system framework and supporting measures released yet circles on civil malicious prosecution still exist many of the basic questions, such as the differences over how to define "malice", practice should how to identify and regulation. Problems of civil malicious prosecution more deep and detailed, the system the research, helps protect the rights and interests of the copyright owner, to perfect China's civil lawsuit system with positive reality significance.In this paper, the method of case study of sparked widespread dispute lawsuit canopy of the two companies in Chongqing were analyzed, a detailed analysis of the infringement case covers the specific information and the hearing of the case involving legal problems. Malicious prosecution is in pursuit of lawlessness, means that the doer improper benefits or other illegal purpose, in the absence of reasonable legal facts and reason, based on violation of litigation purposes and intentionally and exercise decreed that all of the litigation rights, take dummy fact, the method that hide the fact filed a lawsuit, infringe upon the lawful rights, give counterpart from property and mental counterpart damage lawsuit. Through expounding the concept of malicious prosecution and constitutions, this paper has analyzed the main dispute cases, and then judge whether the plaintiffs litigation case constitutes a malicious prosecution.From the case to the law, from the regulations to the judicial practice, the problems and social public opinion to the dispute cases, reflected in the current law for malicious lawsuits that and how to better protect copyright there exist certain problems. There are some problems that lack of existing laws about the malicious prosecution related regulations, no definition, sanctions provisions. Copyright rights litigation cost is higher, the cost of litigation and pay no including because the reasonable expenses, seriously influenced the holder of the way through litigation rights. This paper mainly analyzes the problems, through thinking in legal aspects for malicious lawsuits and copyright protection related problem coping practice, and puts forward the reference for how to strengthen copyright protection and perfect the aspects of several Suggestions. In law gradually clear definition of malicious prosecution, and the corresponding tort compensation system, constructing reasonably determine the costs burden system reduce the holder of rights litigation costs in the compensation amount content and set fully embodies all-round maintenance principle to holder interests more effectively guarantee and maintain the rights and interests of the copyright owner and its related work, promote work that and related cause healthy development.