Background paper - Legal Liability of Internet Service Provider in Electronic Commerce Activities


This paper provides an in-depth information on the legal liability of Internet Service Provider in electronic commerce activities. It begins with the layout of the theoretical orientation of Internet Service Provider and the definition and characteristics of the electronic commerce activities. Further it describes the present situation of electronic commerce. The next important issue of the paper is the legal liabilities of the Internet Service Providers in electronic commerce activities. The paper ends with the conclusion that ISP liability system is intended for not pure limit or prohibition but the standard system arrangement in respect of network behaviors and the realization of equity and justice among all interests in network space. System design can make ISPs become more cautious to their obligations and assist right owners to vindicate their rights and interests more actively, protect the legal rights and interests of citizens and legal persons effectively, promote the sound development of electronic trading, create a relaxed, fair and harmonious network environment, and prevent and prohibit any infringing acts effectively and divide legal liabilities in a scientific and reasonable way, as is our authentic goal.

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Document type: IP Document
Categories: Trade secret and unfair competition
Activity Title: EU-China workshop on the regulation of on-line business
Activity Date: 11 Jun 2009 to 12 Jun 2009
Location: Quanzhou, China
Expert / Author / Speaker: Qu Sanqiang, Peking University Law School
Related Legislation: Provisions of Shanghai Municipality on Promoting the Development of E-commerce, General Principle of the Civil Law of the P.R.C, Law of the Peoples Republic of China on the Protection of Consumer Rights and Interests, Contract Law, Electronic Signature Law, Decisions about Internet Security Protection;
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