Comments On Stopping The Claim Of Copyright Infringement

Stop copyright infringement claims, as the name implies, is refers to when there is unlawful infringement of the exclusive right of copyright holder may exercise the right of claim for actor to stop the infringement, eliminate the hindrance, eliminate the danger of a power. In judicial practice, to stop copyright infringement claims for the protection of proprietary rights plays a huge role, so the research on it, both on the development of academic theory and is of great significance to promote the judicial practice are.Based on the copyright infringement case management school successfully \ "jinan\" controversy as the background. The article is divided into six parts, the first by case leads to some important theory in copyright infringement, points out that copyright infringement is refers to the copyright infringement is a seemingly violation of the exclusive rights of the copyright owner and produce damage to the behavior of the liability to pay compensation. Then discusses the the main relief way for copyright infringement, the copyright infringement and stop the infringement right of claim for compensation for damage to the power can be carried on the comparative analysis. The article third part of the present situation of the right of claim for copyright infringement to stop thinking, pointed out our country stop the lack of the defects of the right of claim system, thus to limit stop copyright infringement claims to solve the problem of its existence, and the feasibility of simple lists the limit copyright claim. The fourth part take the method of comparative study of the United States and Japan in terms of the restriction of the right of claim for stop the infringement of copyright in theory and actual practice are introduced. On the basis of the research analysis of the above four parts, and closely combining with our judicial practice for the use of stop copyright infringement claims, for the construction of scientific and reasonable system of copyright stop right in our country puts forward his own ideas.