The other party used the Taobao store design draft without paying. How should I protect my rights?

What you have to do now is to collect evidence first, including the chat records between you about this design commission, your design manuscripts, the emails you sent to the other party, and the contact records between you after the incident. etc!

If you do not sue now, you can first send the other party a statement. Specify a time limit in the statement, which can also be used as evidence in your future prosecution.

For specific applicable laws, you can read the judicial interpretation of the Supreme Court below, which details the applicable laws in relevant cases.

Attachment:

Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Copyright Civil Disputes Cases [2002] No. 31

Issue date: 20021012 Implementation Date: 20021015 Promulgated by: Supreme People's Court

Adopted by the 1246th meeting of the Judicial Committee of the Supreme People's Court on October 12, 2002. It is hereby announced and shall come into effect on October 15, 2002.

October 12, 2002

In order to correctly hear copyright civil dispute cases, in accordance with the "General Principles of the People's Republic of China and Civil Law" and "The People's Republic of China The provisions of the Contract Law of the People's Republic of China, the Copyright Law of the People's Republic of China, and the Civil Procedure Law of the People's Republic of China are explained as follows on several issues concerning the applicable law:

Article 1 The People’s Court accepts the following copyright civil dispute cases:

(1) Cases of copyright and copyright-related rights and interests ownership, infringement, and contract disputes;

(2) Application for litigation Stop infringement of copyrights and copyright-related rights and interests beforehand, and apply for pre-litigation property preservation and pre-litigation evidence preservation cases;

(3) Other cases of disputes over copyrights and copyright-related rights and interests.

Article 2: Copyright civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level.

Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance cases of copyright civil disputes based on the actual conditions of their respective jurisdictions.

Article 3: For copyright infringement investigated and dealt with by the copyright administrative department, if the party concerned files a lawsuit in the People's Court to pursue the civil liability of the perpetrator, the People's Court shall accept the case.

When hearing civil dispute cases involving copyright infringement that have been handled by the copyright administrative department, the People's Court shall conduct a comprehensive review of the facts of the case.

Article 4 Civil lawsuits filed due to copyright infringement shall be determined by the place where the infringement is committed, the place where the infringing copies are stored, or the place where the infringement is seized or seized as stipulated in Articles 46 and 47 of the Copyright Law. , the People's Court of the place where the defendant is domiciled shall have jurisdiction.

The storage place of infringing copies specified in the preceding paragraph refers to the place where infringing copies are stored or concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal up and detain infringing copies in accordance with the law. The location of the replica.

Article 5: For the same lawsuit filed by multiple defendants involving different places where the infringement was committed, the plaintiff may choose the People's Court of the place where the infringement was committed by one of the defendants to have jurisdiction; only one of the defendants If a lawsuit is filed, the people's court in the place where the defendant's infringement was committed shall have jurisdiction.

Article 6: Copyright collective management organizations established in accordance with the law may file lawsuits in their own names based on the written authorization of the copyright owner, and the People's Court shall accept the lawsuit.

Article 7: Copyright-related manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification agencies, contracts for obtaining rights, etc. provided by the parties may be used as evidence.

The natural person, legal person or other organization who signs the work or product shall be regarded as the right holder of the copyright and copyright-related rights and interests, unless there is proof to the contrary.

Article 8: The physical objects, invoices, etc. obtained by the parties themselves or entrusting others to purchase infringing copies through ordering, on-site transactions, etc., may be used as evidence.

Without identifying the party suspected of infringement, the notary public shall truthfully provide the evidence obtained by the other party in accordance with the provisions of the preceding paragraph and the notarial certificate issued during the evidence collection process shall be used as evidence. Except where there is evidence to the contrary.

Article 9 "Make it public" as stipulated in Article 10 (1) of the Copyright Law means that the copyright owner discloses the work to unspecified persons on his own or with the permission of the copyright owner, but does not make it known to the public. as a constitutive condition.

Article 10 For works referred to in Article 15, Paragraph 2 of the Copyright Law, if the copyright owner is a natural person, the protection period shall be governed by the provisions of Article 21, Paragraph 1 of the Copyright Law; the copyright owner is For legal persons or other organizations, the protection period shall be governed by the provisions of Paragraph 2 of Article 21 of the Copyright Law.

Article 11: Disputes arising from the order of signatures of works shall be handled by the People's Court in accordance with the following principles: if there is an agreement, the order of signatures shall be determined according to the agreement; if there is no agreement, the order of signatures may be determined based on the labor expended in creating the work, the arrangement of the works, and The strokes of the author's last name determine the order of signatures.

Article 12 In accordance with Article 17 of the Copyright Law, if the copyright of a commissioned work belongs to the trustee, the client shall have the right to use the work within the agreed scope of use; if the two parties have not agreed on the scope of use of the work, The client is free to use the work within the specific purpose for which it was commissioned.

Article 13 Except for the circumstances stipulated in paragraph 3 of Article 11 of the Copyright Law, the copyright of reports, speeches and other works written by others, reviewed and finalized by others and published in my own name shall belong to the reporter or the author. The speaker enjoys. The copyright owner may pay appropriate remuneration to the author.

Article 14 For autobiographical works that the parties agree to complete based on the experiences of a specific person, if the parties have an agreement on the ownership of the copyright, the agreement shall prevail; if there is no agreement, the copyright shall belong to the specific person who wrote the work. If the person or organizer has contributed to the completion of the work, the copyright owner may pay him appropriate remuneration.

Article 15: For works created by different authors on the same theme, if the expression of the work is completed independently and is creative, the authors shall be deemed to have independent copyright.

Article 16: Pure factual information disseminated through mass media belongs to current affairs news as stipulated in Article 5(2) of the Copyright Law. When disseminating and reporting current affairs news collected and compiled by others, the source must be indicated.

Article 17: Reprinting as stipulated in Paragraph 2 of Article 32 of the Copyright Law refers to the act of newspapers and periodicals publishing works that have been published by other newspapers and periodicals. Anyone who reprints without indicating the author of the reprinted work and the source of the original newspaper or magazine shall bear civil liability such as eliminating the impact and making an apology.

Article 18 The artistic works in outdoor public places as stipulated in Article 22, Item 10 of the Copyright Law refer to works that are set up or displayed in outdoor public places. Sculptures, paintings, calligraphy and other artistic works in event spaces.

Those who copy, paint, photograph, or videotape the artistic works specified in the preceding paragraph may reuse their results in a reasonable manner and within a reasonable scope without constituting infringement.

Article 19: Publishers and producers shall bear the burden of proof that they have legal authorization to publish and produce, and issuers and lessors shall bear the burden of proof that the copies they issue or lease have legal sources. If proof cannot be provided, legal liability shall be borne in accordance with the corresponding provisions of Articles 46 and 47 of the Copyright Law.

Article 20: If a publication infringes upon the copyright of others, the publisher shall bear civil liability for compensation based on its fault, degree of infringement, and consequences of damage.

If a publisher fails to pay reasonable attention to the authorization of its publishing activities, the source and signature of manuscripts, the content of edited publications, etc., it shall be liable for compensation in accordance with the provisions of Article 48 of the Copyright Law. .

If the publisher has exercised its duty of reasonable care and the copyright owner has no evidence to prove that the publisher should have known that its publication involved infringement, the publisher shall bear the liability according to the provisions of Article 117, Paragraph 1, of the General Principles of the Civil Law. Civil liability to cease infringement and return profits gained from infringement.

The publisher shall bear the burden of proof regarding the reasonable duty of care exercised by the publisher.

Article 21 If a computer software user commercially uses computer software without permission or exceeds the permission scope, he shall be punished in accordance with Article 47 (1) of the Copyright Law and Article 2 of the "Computer Software Protection Regulations" Article 14 (1) shall bear civil liability.

Article 22: If the copyright transfer contract is not in written form, the people's court shall review whether the contract is established in accordance with the provisions of Articles 36 and 37 of the Contract Law.

Article 23 If a publisher loses or damages a work delivered for publication by the copyright owner, causing the publication contract to be unable to be performed, in accordance with Article 53 of the Copyright Law, Article 117 of the General Principles of the Civil Law and Article 122 of the Contract Law stipulates that the publisher shall be held civilly liable.

Article 24: The actual loss of the right holder may be calculated based on the reduction in the distribution of copies caused by the infringement or the product of the sales volume of the infringing copies and the right holder’s profit per unit issued by the copy. If it is difficult to determine the reduction in distribution, it shall be determined based on the market sales volume of infringing copies.

Article 25 If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall determine it based on the request of the parties or ex officio by applying the provisions of paragraph 2 of Article 48 of the Copyright Law. Amount of compensation.

When determining the amount of compensation, the people's court should consider the type of work, reasonable royalties, nature of the infringement, consequences and other circumstances to make a comprehensive determination.

If the parties reach an agreement on the amount of compensation in accordance with the provisions of paragraph 1 of this article, it shall be allowed.

Article 26 The reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include the reasonable expenses of the right holder or the agent entrusted to investigate and collect evidence for the infringement. .

Based on the parties’ litigation claims and specific case circumstances, the People’s Court may calculate attorney fees that comply with relevant national department regulations into the scope of compensation.

Article 27: In cases of prosecution for copyright infringement that occurred before the decision to amend the Copyright Law was implemented, and the people's court makes a judgment after the decision was implemented, Article 48 of the Copyright Law may be applied by reference regulations.

Article 28: The statute of limitations for copyright infringement is two years, calculated from the date the copyright owner knew or should have known about the infringement. If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, the People's Court shall order the defendant to stop the infringement during the copyright protection period; the amount of infringement damages shall be calculated from the date the right holder files a lawsuit with the People's Court. The calculation is based on two years.

Article 29: For infringements stipulated in Article 47 of the Copyright Law, in addition to holding the perpetrator civilly liable at the request of the parties concerned, the people's court may also rely on Article 134 of the General Principles of the Civil Law. Civil sanctions are imposed in accordance with the provisions of paragraph 3 of this Article, and the amount of the fine may be determined with reference to the relevant provisions of the "Regulations on the Implementation of the Copyright Law of the People's Republic of China and the State of the People's Republic of China".

If the copyright administrative department has already imposed administrative penalties for the same infringement, the people's court will no longer impose civil sanctions.

Article 30: For copyright infringement that occurred before October 27, 2001, if the party concerned applies to the People's Court for an order to stop the infringement or evidence preservation measures after October 27, 2001, the copyright shall apply The provisions of Articles 49 and 50 of the Law.

The People's Court takes pre-litigation measures and refers to the "Interpretation of the Supreme People's Court on Legal Issues Concerning Cessation of Infringement of Registered Trademark Exclusive Rights and Preservation of Evidence before Litigation".

Article 31 Unless otherwise provided in this interpretation, if the copyright civil dispute cases accepted by the People's Court after October 27, 2001 involve civil acts that occurred before October 27, 2001, the modifications shall apply The provisions of the former Copyright Law; if it involves civil acts occurring after that date, the provisions of the revised Copyright Law shall apply; if it involves civil acts that occurred before that date and continues after that date, the provisions of the revised Copyright Law shall apply.

Article 32: If previous relevant provisions are inconsistent with this interpretation, this interpretation shall prevail.