Article 1253.1: Specific characteristics of the responsibility of the information intermediary

1. A person who transmits material to the information and telecommunications network, including the Internet, a person who makes it possible to place material or information necessary to be obtained by means of an information and telecommunications network, the person who provides access to the material on the network — the information intermediary — is responsible for the nar. Violation of intellectual rights in the information and telecommunications network on the general grounds provided for in this Code, where fault exists, taking into account the characteristics set out in paragraphs 2 and 3 of this Code. 2. The information intermediary who transmits the material to the information and telecommunications network shall not be responsible for the violation of intellectual rights that occurred as a result The tate of this transmission, subject to the following conditions: (1) it does not initiate this transmission or identify the recipient of the said material; (2) it does not modify the said material. In the provision of communication services, except for changes made to ensure the process of material transfer; (3) he did not know and should not have known that the use of the relevant by the person who initiated the transfer of the material containing the relevant intellectual activity or means 3. An information intermediary that allows the placement of material on an information and telecommunications network is not liable for a breach and other intellectual rights resulting from the placement of material by or at the direction of a third party in the information and telecommunications network, while at the same time respecting the information channel (1) he did not and should not have known that the use of the relevant intellectual activity or the means of individualization contained in such a mat was not and should not have been known It is unlawful; (2) it is obtained, in writing, by the right holder, of a violation of intellectual rights, indicating the website page and (or) the network address on the Internet. No», on which such material is posted, took the necessary and sufficient measures in a timely manner to put an end to the violation of intellectual rights. 4. An information intermediary who, in accordance with this article, is not responsible for the violation of intellectual rights may be brought before the law. requirements for the protection of intellectual rights (art. 1250, para. 1, art. 1251, para. 1, art. 1252, para. 1, of the present Code) not related to the application of civil liability measures, 5. The rules of this article shall apply to persons providing access to material. or the information necessary to obtain it through an information and telecommunications network.