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communications network, the measures provided for shall only be available should the
service provider have been notified in the form and under the conditions provided for under
the Code of Civil Procedure.
Article 65.13
The effective notice described in Articles 65.8(d) and 65.9(b) shall mean a written
communication duly signed, containing within it the following:
(1) the identity, address, telephone number and e-mail address of the owner of the
copyright or related rights or his representative;
(2) information allowing the service provider to identify the material protected by the
copyright or related rights which have allegedly been infringed. Should multiple
materials be present on a single online site on a system or network controlled or
exploited by or for the service provider, they shall be covered by a single formal
notice, a representative list of those materials on that site may be provided;
(3) information allowing the service provider to identify and locate the material hosted on
a system or network controlled or exploited by or for it and which allegedly constitutes
an infringement of copyright or related rights and which must be withdrawn or to
which access must be disabled;
(4) a signed declaration stating that the information contained in the notice is accurate;
(5) a signed declaration from the plaintiff stating that the material referred to in the
complaint is used without the authorization either of the owner of the copyright or
related rights or his representative.
(6) a declaration made by the plaintiff, stating that he is the owner of a protected right
allegedly the subject of infringement, or that he is authorized to act on behalf of the
owner of that right.
The notice may be transmitted by e-mail, with an electronic signature fulfilling the
requirement for a signature.
In the case of notices relating to an information localization tool in accordance with Article
65.5(D), the information provided must be sufficient to allow the service provider to locate the
reference or link located in a system or network controlled or exploited by or for it; however,
in the case of a notice relating to a substantial number of references or links placed on a
single online site on a system or network controlled or exploited by or for the service
provider, a representative list of those references or links placed on the site may be provided.
Article 65.14
(A) If the service provider withdraws the material or disables access to that material in
good faith, on the basis of an alleged or apparent infringement of copyright or
related rights, it shall be exonerated of any liability in the event of subsequent claims,
provided that it promptly takes reasonable measures:
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to inform the person putting the material on line on its system or network of its
actions; and
if the person issues a response to an actual notice and is prosecuted in court for
infringement of copyright or related rights, to put the material back up online unless
the person who issued the initial actual notice brings a challenge before the courts
within a reasonable time period.
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