Deterring Erroneous Notices Concerning Intellectual Property Infringement on China’s Internet Platforms

Since the entry into force of the Digital Millennium Copyright Act (DMCA) in 1998, the "notice and takedown" rule has become an important means to deter intellectual property infringement on the internet. However, with the increasingly fierce competition on internet platforms, the internet has witnessed many erroneous notices concerning intellectual property infringement in recent years. This problem has triggered considerable discussion in China and many other countries. In order to better solve the problem of erroneous notices in practice, measures should be taken from the aspects of laws and platforms. In terms of the laws, firstly, China's tort law or unfair competition law may be applied according to different situations. Secondly, regarding the requirement of subjective fault, in addition to malicious notices, erroneous notices sent with the complainant's negligence are also illegal in China. In terms of the platforms, it is necessary to optimize the platforms' mechanisms and the measures that can be taken.