The Notice And Delete System Of Network Infringement

The development of information technology in modern society is the engine and drive of the intellectual property system. Information revolution with great bombing effects is the main reason for the innovation and change of the copyright system, making the network a large media medium. How to standardize the use of works on the Internet and propagation behavior, protecting the rights of the copyright owner, without causing the Internet become a “paradise” of piracy; how to protect the interests of the copyright owner and give attention to the social public interests, have become the world’s pressing issues on its intellectual property field, also prompted lawmakers to seek new solutions continuously. The “Notice and Delete” is an important system for network tort.This paper mainly discusses three parts of contents about the “Notice and Delete” system in network tort.The first part mostly expounds the definition, theoretical bases and value of the “Notice and Delete” system. It is established earliest in “Digital Millennium Copyright Act” in the United States. Our country established it in the second item of article 36 of “Tort Liability Act” and article 22 and 23 in “Regulations on the Protection of the Right of Communication through Information Network”. This system gives the infringer right to notice the network service providers the infringing contents after the infringement occurred and demand them remedy, accordingly, the network service providers are responsible for timely reviewing after being notified and taking remedial measures such as deleting obligation, and liable with the actual infringers for the loss caused by failure to remedy. The theoretical bases of the “Notice and Delete” system are risk control and the damage reason, and the main line of it is benefit balance in civil law. It provides a specific way of relief for the injured party in network tort. It not only fulfills the infringer damage, but also takes into account the network service providers’ and the Internet users’ interests, maintaining the fairness and justice values of the intellectual property law.The second part mainly explains the limitations, causes and solutions of the “Notice and Delete” system in our country. Despite our system has established in the legislative level, but the judicial practice effects don’t reach the goal of legislation. Network service providers usually ignore the illegal cost in order to pursue their own interests, coupled with lower compensation, keeping the law selectively. We can introduce the punitive compensation system properly, deterring and urging the network service provider to perform its own obligations, reducing the occurrence of Internet infringement, making the “Notice and Delete” system achieve the value goal to fill the damage and inhibit infringement.The third part mostly analyses the defects of this system and puts forward some suggestions. At present the provisions of this system are not detailed in our country. It requires the network service providers to undertake high duties, neglecting real offenders’ accountability. In detemining the share of tort liability, many courts are difficult to determine the specific amount of compensation. To perfect this system, we can implement network real-name system, making the right holder obtain relief way more quickly and effectively, which can realize the direct liability of the offender; set up a neutral third administrative review agency which is different from the network service provider, concluding the infringing contents involved. We can change the existing modes and standards for compensation and determine the unified legal compensation standard according to the administrative division or the area’s economic level, realizing the dynamic balance between the development of the information industry and the protection of the legitimate interests of Internet users.