On The Notification Rules Of Network Infringement

The notification rules of the Civil Code provide for a notification system,a counternotification system and a sub-notification system,which regulate each other and are necessary for the protection of the rights and interests of infringers,internet users,internet service providers,and for safeguarding freedom of expression and promoting the development of the internet.The Civil Code gives the right of notification to the infringer and the right of counter-notification to the network user in order for both parties to be able to stop the adverse effects and safeguard their legitimate rights and interests in a timely manner in a network where information is spreading rapidly.However,the exercise of the right must be accompanied by certain restrictions,namely the need to provide true identification and prima facie evidence.At the same time,in order to avoid abuse of the right to notice,the infringer is also liable in tort for wrongful notice.As an important player in the notification rules,the internet service provider has the legal status of a dual obligor.For one,the internet service provider has an obligation to the infringer to forward a notice to the network user and to take the necessary measures in a timely manner for information alleged to be infringing.The Internet mostly involves the protection of personal information of network users,and internet service provider should also fulfill the obligatory provisions of the Personal Information Protection Act to delete personal information on their own initiative;Secondly,the obligation to forward a counter-notice statement to the infringer,to inform the infringer of the right to complain or sue,and to terminate the measures taken in a timely manner upon the expiry of a reasonable period of time,is imposed on the internet user.Failure to comply with the statutory obligations it should result in joint and several liabilities with the internet user for the infringed person’s extended damages.