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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(3) [May 2011] >
| Title: | A Critical Review of China’s Approach to Limitation of the Internet Service Provider’s Liability: A Comparative Perspective |
| Authors: | Liu, Wenqi |
| Keywords: | Internet service provider
Liability
Safe harbour
Notice-and-takedown procedure |
| Issue Date: | May-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | 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. |
| Page(s): | 235-245 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(3) [May 2011]
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