|Copyright Act Article 82-3May 1, 2019|
Where a civil mediation settlement has been concluded, and then ratified by a court while the civil action is under litigation, and where no final and unappealable court judgment has yet been obtained, the civil action shall be deemed withdrawn as of the date of the conclusion of the mediation settlement. "Where a criminal mediation settlement has been concluded, and then ratified by a court while the criminal case is in the investigation stage or before the conclusion of arguments in the trial of first instance, and where the parties have agreed to withdraw the case, the complaint or private prosecution shall be deemed withdrawn as of the date of the conclusion of the mediation settlement.
|Copyright Act Article 82May 1, 2019|
The specialized agency in charge of copyright matters shall establish a Copyright Review and Mediation Committee to handle the following matters: "1.Examination of rates of compensation for use under the provisions of paragraph 4 of Article 47. "2.Mediation of disputes between copyright collective management organizations and users concerning compensation for use. "3.Mediation of disputes concerning copyright or plate rights. "4.Other consultation in connection with copyright examination and mediation. "Dispute mediation referred to in subparagraph 3 of the preceding paragraph, when involving criminal matters, shall be limited to cases actionable only upon complaint.
|Copyright Act Article 82-1May 1, 2019|
Within seven days of the date of the conclusion of a mediation settlement, the specialized agency in charge of copyright matters shall submit the written mediation settlement statement for review by the court of jurisdiction. "The court shall review the written mediation settlement statement referred to in the preceding paragraph with due dispatch. Unless it is contrary to act or regulation, public order, or good morals, or compulsory execution would be impossible, the judge shall sign [copies] thereof and affix the seal of the court thereto, and shall return the mediation settlement statement to the specialized agency in charge of copyright matters for service to the parties, retaining one copy for its own records. "Where the court decides not to ratify a mediation settlement statement, it shall notify the specialized agency in charge of copyright matters of the reasons.
|Copyright Act Article 82-2May 1, 2019|
After a mediation settlement has been ratified by a court, the parties shall not initiate any further public or private prosecution or action with respect to the mediated matter. "A civil mediation settlement ratified by a court as referred to in the preceding paragraph shall have the same force as a final and unappealable court judgment in a civil case. With respect to a criminal mediation settlement that has been ratified by a court, where the subject matter is payment of a certain amount of money, or other substitute therefore, or securities, the written mediation settlement statement shall constitute a writ of execution.
|Copyright Act Article 82-4May 1, 2019|
Should there exist any ground for invalidation or voidance of a civil mediation settlement after ratification by a court, the parties may file an action with the original ratifying court to invalidate or void the mediation settlement. "The action referred to in the preceding paragraph shall be initiated by the parties within 30 days of service of the written mediation settlement statement ratified by the court.
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Provided by Kingdoms Law