The Origin, Types, and Improvement of the Notice-Necessary Measures Rule

The “notice-necessary measures” rule began with the “notice-and-takedown” rule, which originated from the United States safe harbors rule, established to limit the liability of Internet Service Providers (ISPs) for helping infringement in network infringement. China’s Tort Liability Law and Civil Code amended the “notice-and-takedown” rule so that when the right holder sends an effective notice of infringement to the ISP, the ISP shall take necessary measures more than removal to be exempted from liability. This article will discuss the transformation of the rule and types of necessary measures, and reconstruct the relationship between effectiveness of notice and types of necessary measures.