JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2019, Vol. 32 ›› Issue (6): 13-20.DOI: 10.13766/j.bhsk.1008-2204.2019.0358

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“Notice-Takedown” Rule in “E-Commerce Law”

LIU Wenjie   

  1. Politics and Law School, Communication University of China, Beijing 100024, China
  • Received:2017-10-17 Online:2019-11-25 Published:2019-12-07

Abstract:

The core value of "Notice-Takedown" rule lies in its "safe harbor" effect, Internet service providers do not need to involve in the substantive disputes, even there is an infringement, they can still keep exempt from liability. "Notice-Takedown" rule is designed for internet information service platforms, which e-commerce platforms also belong to. Therefore, "Notice-Takedown" rule have the space to apply to e-commerce platforms. From the perspective of civil law theory,"Notice-Takedown" actually is one type of claim of absolute rights. "Notice-Takedown" rule for e-commerce platforms is a reasonable way for rights holders to implement defensive right of claim. On the other hand, if internet service providers are willing to carry out substantive investigation of disputes, law should not aggravate their liability, negligence liability rule should apply to encourage their enthusiasm, reduce costs of rights implementation and abuse of rights.

Key words: “Notice-Takedown&rdquo, rule, E-commerce platform, liability safe harbor, fault liability, injunction

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