China adopted new Laws (Copyright Law and Tort Law)that impose liabilities upon ISPs!

China adopted new Laws (Copyright Law and Tort Law)that impose liabilities upon ISPs!

I. COPYRIGHT LAW AMENDMENT:

On February 26th 2010, the Chinese authorities adopted the second amendment to the country’s copyright law, which entered into force on the following April 1st.

http://www.fdi.gov.cn/pub/FDI_EN/Laws/GeneralLawsandRegulations/BasicLaws/P020100310354970932477.pdf



II. NEW TORY LIABILITY LAW:

On December 26, 2009, China adopted a new tort law which impose liabilities upon ISPs. The new law will go into effect on July 1, 2010.

http://www.procedurallaw.cn/english/law/201001/t20100110_300173.html
http://www.faegre.com/showarticle.aspx?Show=10911


Article 36

A network user or network service provider who infringes upon the civil right or interest of another person through network shall assume the tort liability.
Where a network user commits a tort through the network services, the victim of the tort shall be entitled to notify the network service provider to take such necessary measures as deletion, block or disconnection. If, after being notified, the network service provider fails to take necessary measures in a timely manner, it shall be jointly and severally liable for any additional harm with the network user.
Where a network service provider knows that a network user is infringing upon a civil right or interest of another person through its network services, and fails to take necessary measures, it shall be jointly and severally liable for any additional harm with the network user.