Document type
Legislation
Country
(1) Article 1253.1 of the Civil Code, introduced by Federal Law No. 187-FZ of July 2, 2013, defines “information intermediary” as “an entity that carries out the transmission of content through information and telecommunication networks, including on the Internet”, “an entity that enables the publication of content, or information required to access such content through information and telecommunication networks”, or “an entity that enables access to the content through such information and telecommunication networks”. It is still to be seen whether information location tools, i.e. search engines, fall under the statutory definition of “information intermediary” too.
(2) Information intermediaries are exempted from liability for IP infringement subject to the following conditions:
- Transmission: (a) did not initiate the transmission of the content and did not designate the recipient of the content; (b) did not modify the content while providing services, save for the changes necessary by the technical process of transmission; and (c) did not know, and should not know, that the use of intellectual property objects by a person that initiated the transmission was unlawful;
- Hosting and providing access: (a) did not know, and should not know, that the use of intellectual property objects was unlawful; (b) upon the receipt of a written notice from a right holder promptly undertook necessary and sufficient measures, as may be set forth by law, to cease the violation of IP rights.
(3) The limitations of the liability of information intermediaries under this article do not affect the right to seek injunctions, including the removal of infringing content, or the restricting access to it.
Country
Year
2006
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)