Annotated Republic of China Laws/Copyright Act/Article 90-4

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Copyright Act Republic of China (Taiwan) Law Article 90-4

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Newly adopted and promulgated on 2009-05-13

Article 90-4

An Internet service provider shall be entitled to the application of Article 90sexies to Article 90novies regarding the limitation on liability only if the service provider—

1. by contract, electronic transmission, automatic detective system or other means, informs users of its copyright or plate right protection policy, and takes concrete action to implement it; and

2. by contract, electronic transmission, automatic detective system or other means, informs users that in the event of repeat alleged infringements up to three times the service provider shall terminate the service in whole or in part; and

3. publicly announces information regarding its contact window for receipt of notification documents.

4. accommodate and implement the technical measure described in paragraph 3.

A connection service provider that, after receiving notification by a copyright holder or plate rights holder of alleged infringement by a user, has forwarded the notification to that particular user by electronic mail is deemed to have met the requirement in the preceding paragraph, subparagraph 1.

If a copyright holder or plate rights holder has provided technical measures which have been developed based on a broad consensus and are used to identify or protect copyrighted or plate-righted works, the Internet service provider shall accommodate and implement the measures if the technical measures has been ratified by the competent authority.