Research On Obligation To Review Intellectual Property Rights Of Internet Service Provider

"Safe Harbor" principle unreasonably reduces the intellectual property obligations of Internet service provider,resulting in the increasingly serious situation of network intellectual property infringement.In this context,there are three dilemmas in the current intellectual property obligations of Internet service provider.The first is that the current intellectual property obligations are facing the dilemma of "fault",the second is that the review obligations of public law and private law are "paradoxical" parallel,and the third is that Internet service providers are frequently required to bear higher obligations of care in judicial practice.These dilemmas are urgently requiring Internet service providers to fulfill the obligations of intellectual property review.From the perspective of feasibility,the principle of balance of interests and the principle of minimum cost provides a legal basis for Internet service provider to undertake the obligation of intellectual property review;article 1197 of the Civil Code,the development of Internet industry and the progress of filtering technology provide a practical basis for Internet service providers to undertake the obligation of intellectual property review;the intellectual property protection policy of Internet service providers shows a strict trend,which provides direction guidance for Internet service providers to undertake the obligation of intellectual property review.As for the rules on the obligation of intellectual property examination of Internet service provider.First,the cost,scope and responsibility of intellectual property examination of Internet service provider should follow the principle of limitation;second,Internet service providers should perform pre action review obligations for suspected infringement,profit-making,classification and arrangement,etc;Third,Internet service provider should take the "notice-Shield" approach to fulfill the obligation of post review for the content of repeated infringement;fourth,Internet service providers should pay attention to the protection of public freedom of speech,and screen the content of reasonable use.