article31. resulting similarities between software developed and software already in existence does not constitute a of the of existing software in the following situations:
(1) because it is necessary for the of national policies, laws, and rules and regulations;
(2) because it is necessary for the of standards;
(3) because of the categories of forms of expression.
article32. if a software owner is that or has no reasonable basis to believe that the software infringes on a software product right, the responsibility for the shall be borne by the rights violator who provided the software.
however, when failure to destroy the infringed software will not protect the rights and interests of the software owner, the owner has a duty to destroy the infringing software, so that losses may be forced back onto the provider of the infringing software.
the provider of infringing software cited in the previous provision is a person who knows the software is an infringement and supplies it to others.
article33. a party who does not carry out his duty or who carries it out not in with prescribed conditions shall bear civil responsibilities according to the general procedures of the civil law.
article34. software disputes may be mediated. if mediation fails to produce an agreement, or if it produces agreement which one party fails to honor, a lawsuit may be brought before a people's court. a party who is to enter mediation may also bring a lawsuit before a people's court.
article35. a software contract dispute may be mediated. it may also be for mediation by the state software organization, on the basis of an provision in the contract or a written agreement concluded after the contract.
concerned parties will carry out an ruling. if one party fails to carry out the ruling, the other may bring a lawsuit before a people's court.
if the people's court receiving the application discovers that the ruling is , it has the power not to execute the ruling.
if the people's court does not carry out the ruling, concerns parties may bring a lawsuit before the people's court.
if parties have not inserted an into the contract, and there is no written agreement after the event, they may bring a lawsuit directly before the people's court.
article36. if a party is with the remedial decisions of the national executive department, he may bring suit before the people's court within 3 months from receipt of notice.
when this period has expired and no lawsuit has been brought, the national executive department may apply to the people's court to force action.
article37. software administration organizations will assess punishment against employees of software administration organizations who have violated article 29 of these regulations. if the circumstances are severe, constituting a crime, organs are responsible for investigating the crime.
第五章 附 则
chapter v supplementary articles
article38. infringement actions which take place prior to these regulations effect should be dealt with in with regulations in effect at the time of the infringing activity.
article39. these regulations will be interpreted by the state council's department for software administration and software administration departments.
article40. these provisions take effect from october 1, 1991.