The suspension and prevention of copyright infringement may be demanded.
Right to Demand Suspension and Prevention of Infringement- A person holding copyrights or other rights protected under the Copyright Act (excluding the right to receive compensation for usage of creative works) may demand other persons to stop infringing on his/her rights. For persons apt to violate his/her rights, the right holder may demand prevention of copyright infringement or guarantee for compensation of damages (Article 123(1) of the Copyright Act).
· The person to be demanded to suspend or prevent infringement are “violators” or “persons apt to violate rights.”
· The holder has the right to demand suspension if the person continues to infringe on the holder’s rights when the suspension is claimed. However, if the person has already stopped infringing on the rights, the right holder cannot demand him/her to stop. However, even if the person ceases some acts of violation, the right holder may exercise his/her right to demand suspension if the person infringes on his/her rights in another way or a new way.
· When the right holder files a claim for suspension or prevention of infringement, the other party is not questioned if he/she intentionally or mistakingly violated the holder’s rights. This means that the right holder may claim suspension of infringement even when the other party violated his/her rights without ill intentions or unintentionally.
Application for Provisional Disposition- The copyright holder may file a lawsuit concerning the suspension or prevention of infringement or guarantee for compensation of damage. However, in most cases, measures for copyright infringement must be taken urgently. Therefore, the copyright holder applies for provisional disposition before the lawsuit on the merits of a case.
· For claims above or in the case where a criminal indictment has been filed, the court shall order the accused to provide or not provide the guarantee according to the plaintiff’s or accuser’s filed complaint. Moreover, it may temporarily suspend the act of violation, seize a product produced by the act of infringement, or command other required measures (Article 123(3) of the Copyright Act).
- Provisional disposition temporarily preserves rights before the judgment on the merits of the case. Therefore, if the judgment has been concluded in lawsuits on the merits, etc., that the accused has not infringed on the right holder’s rights, the applicant shall compensate the other party for damages incurred by his/her provisional disposition (Article 123(4) of the Copyright Act).