| In the field of Internet intellectual property rights,the "notice and take-down" rule in the safe-harbor rule is an important mechanism to promote the close cooperation between right holders and network service providers,to prevent the spread of online copyright infringements,and to limit the abuse of their superior position by network service providers.The safe-harbor rule in Chinese law was first introduced in the "Regulations for the Protection of the Right to Disseminate Information Networks"(hereinafter referred to as the "Regulations")with reference to the United States’ "Digital Millennium Copyright Act"(hereinafter referred to as "DMCA").The "notice and take-down" rule is the core part of the safe-harbor rule.However,the content stipulated in the "Regulations" is out of touch with my country’s local legal reality,which is the main reason for the frequent conflicts between theory and practice in the application of rules to solve practical problems."Tort Liability Act," Article 36 "notice and take-down" to the legal status of the rule,the rule can be applied to general tort,became the general rule infringement in the network.Subsequent promulgation of the "Electronic Commerce Law" intellectual property protection provisions have corresponding provisions.With the rapid development of Internet technology and business models,new types of network services are emerging in an endless stream.In the "Civil Code Tort Liability Series" adopted on May 28,2020,of which the "notice and take-down" rule has been the most modified Obvious and mature.The standardization of the notification rules under the safe-harbor rule has been improved,and the relevant contents of the counter-notification rules have been supplemented.The subjective requirements of the red flag principle have been clarified,so that the "notice and take-down" rule has formed a complete system.Although some of these contents need to be considered,the revised and improved contents of the "Civil Code Infringement Liability" are generally more successful. |
