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Evaluating A Unified Intellectual Property System Of Internet Service Providers In The Electronic Commerce Law -- A Comparative Research Between China And The U.S., Yifan Huang
Maurer Theses and Dissertations
As the Electronic Commerce Law went into effective in Jan. 1st, 2019, not only did China establish a unified IP protection system of ISPs, but also set up a blueprint for a comprehensive mechanism of ISPs for the future improvement. The question is whether this new law can effectively prevent the serious IP infringement issues of ISPs and therefore successfully improve the IP protection in China. To answerer this question, the dissertation analyzes the development of the mechanism of ISPs in copyright and trademark regimes before the Electronic Commerce Law, and seeks to demonstrate the impact of the Electronic Commerce …
Evaluating The Legal Issues Of Internet Service Providers In China -- A Comparative Copyright Analysis Of Chinese Isps, The U.S. Isps, And Japanese Isps, Yifan Huang
Maurer Theses and Dissertations
This thesis is motivated by a legal challenge in the area of Chinese copyright protection: Baidu, which was considered a disaster by the copyright owners in China. To solve this legal challenge, the Chinese could learn from the legal experience of Japan and the U.S. regarding this issue.
The traditional ISP legal system provides a passive-reactive approach to the secondary copyright liability of ISPs. However, the Baidu issue in China indicates that a passive-reactive ISP model is not able to prevent copyright infringement. Recent cases in China and the U.S. reflect a new trend that the judicial branch adopts an …