The Legal Liability Of Online Service Provider In The Trans-Pacific Partnership Agreement

In the copyright online infringement, the infringing is operated by the online users through the service or facility offered by online service providers. The debate about the legal liability of online service providers in the online users’ infringement has risen sharply during the whole development of online technology. Besides, the huge economic values of both internet industry and copyright protection require the developed countries to seek the higher protection standards for internet and copyright. Due to the developing countries’ increasing participation in the international negotiations, it is getting harder for the developed to establish international agreement which aims to protect their benefits. Therefore, the developed tends to establish regional agreements within the well developed. TPP is one of this one.As we can see from the TPP draft, the TPP highlights the strict protection for intellectual property and it represents the legal protection trends in the international. This thesis is organized in the following three parts.The first part briefly introduced the concepts of online service provider’s legal liability in the online users’ infringement, including the definitions of the providers and how to identify their legal liabilities.The second part analyzed the TPP draft concerning the regulations of online service provider and their applications of each item.The third part illustrated the current protections for online service providers in China and the potential application of OSP’s liability in the TPP agreement in China.