ID | 105118 |
Title Proper | Critical review of China's approach to limitation of the internet service provider's liability |
Other Title Information | a comparative perspective |
Language | ENG |
Author | Liu, Wenqi |
Publication | 2011. |
Summary / Abstract (Note) | In an information society, granting the Internet Service Provider (ISP) exemption from liability under certain circumstances is an important approach to strike a balance between the interests of the copyright holder, the ISP and the public. Although many countries conditionally provide safe harbour protection for online services, the certainty, feasibility and efficiency of the relevant provisions are different from one country to another. This article reviews China's approach to limitation of the ISP's liability from a perspective of legislation and judicial practice, compares differences in this context between China, the US and EU, and based on which discusses the feasible options for China to increase the certainty of law and inconsistency in judicial practice. |
`In' analytical Note | Journal of Intellectual Property Rights Vol. 16, No. 3; May 235-245 |
Journal Source | Journal of Intellectual Property Rights Vol. 16, No. 3; May 235-245 |
Key Words | Internet Service Provider ; Liability ; Safe Harbour ; Notice-and-takedown Procedure ; China ; ISP |