(D) Except for orders for the judicial inquiry, or those that have no major negative
effects on the exploitation of the communications network of the service provider,
the measures provided for shall only be available if the service provider has been
informed in the form and conditions provided for in 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/her representative;
2. Information enabling the service provider to identify the material protected by
copyright or related rights that has allegedly been infringed. If several materials
on a single website on a system or network controlled or exploited by or for the
service provider are covered by the same notice, a list of this material on the site
may be provided;
3. Information enabling the service provider to identify and locate the material
stored on a system or network controlled or exploited by or for the service
provider, for which copyright or related rights have been allegedly infringed, and
that must be withdrawn or for which access must be disabled;
4. A sworn statement attesting that the information in the notice is accurate;
5. A sworn statement from the litigating party attesting that the use of the material
that is the subject of the complaint is not authorized by the owner of the copyright
or related right or his/her representative;
6. A sworn statement from the litigating party attesting that he/she is the owner of a
protected right that has allegedly been infringed, or that it he/she is authorized to
act on behalf of the owner of such a right;
The notice may be forwarded by e‐mail and the electronic signature shall satisfy the
requirement for a signature.
In the case of notice relating to a search engine in accordance with Article 65.5(D), the
information provided must be reasonably sufficient to enable the service provider to locate
the reference or link on a system or network controlled or exploited by it or for it; however, if
the notice given relates to a substantial number of references or links located on a single
website on a system or network controlled or exploited by or for the service provider, a
representative list of these references or links located on the site may be provided.
Article 65.14 –
(A) If the service provider withdraws the material or disables access in good faith on the basis
of an alleged or apparent infringement of copyright or related rights, it shall be exonerated
from any liability in the event of subsequent claims, provided that it promptly takes reasonable
measures: