takedown

/takedown

Three modes. Choose one:

/ip-legal:takedown --send — Draft a notice-and-takedown notice (Article 14 of the Regulations on the Protection of the Right to Network Dissemination of Information [法条原文]). Fair use gate + loud rights assertion gate.
/ip-legal:takedown --respond — Triage a received notice. Options: accept / counter-notice / negotiate / take no action for now.
/ip-legal:takedown --counter — Draft a counter-notice (Article 16 of the Regulations on the Protection of the Right to Network Dissemination of Information [法条原文]). Verify prima facie evidence of non-infringement, truthfulness of the statement and applicable procedure.

Instructions

Read the practice file. If it contains placeholders, stop.
Check the matter workspace.
Dispatch based on the parameter.
Respect the gates. In send and counter-notice modes the gates run every time.
Jurisdiction note. The Regulations on the Protection of the Right to Network Dissemination of Information are a Chinese administrative regulation. If the service provider, the content or the infringer is located outside the Chinese jurisdiction, flag this before drafting — it may be necessary to choose an appropriate tool under local law.

Examples

/ip-legal:takedown --send
/ip-legal:takedown --respond ~/Downloads/平台通知.pdf
/ip-legal:takedown --counter

Purpose

China's "notice-and-takedown" system is established by Articles 14-17 of the Regulations on the Protection of the Right to Network Dissemination of Information (promulgated in 2006, amended in 2013) [法条原文]. This is a fast, low-cost system with significant legal consequences. A notice is a genuine legal statement that causes content to be removed without judicial review. A counter-notice is another legal statement that puts the content into a restoration procedure. Either decision can lead to litigation.

For e-commerce platforms, the "notice-takedown-counter-notice" mechanism under Articles 42-43 of the E-Commerce Law [法条原文]also applies, and that mechanism applies to operators within the platform.

Three modes:

--send — Draft a notice (Article 14 of the Regulations / Article 42 of the E-Commerce Law)
--respond — Triage a received notice; produce options
--counter — Draft a counter-notice (Article 16 of the Regulations / Article 43 of the E-Commerce Law)

Outgoing documents (send and counter-notice modes): The notice/counter-notice is sent to the network service provider. On outgoing documents do notinclude the work product heading. The notice itself is not protected by confidentiality privilege — it is a statement in a statutory proceeding. Internal drafts, pre-send summaries, fair use analyses and triage memoranda retain that heading.

Jurisdiction assumptions

The Regulations on the Protection of the Right to Network Dissemination of Information are a Chinese administrative regulation, and Articles 14-17 apply to network service providers subject to Chinese law. Articles 42-43 of the E-Commerce Law apply to e-commerce platform operators. Other jurisdictions have their own notice-and-action systems. Copyright subsistence is multilateral under the Berne Convention, but enforcement mechanisms are jurisdiction-specific.

Load context

Practice file → ## IP实践档案、## 执法姿态、## 输出、## 谁在使用
Matter context

Send mode — Draft a notice (Article 14 of the Regulations / Article 42 of the E-Commerce Law)

Step 1: Identify the copyrighted work

What is the work protected by copyright?

Work title/description — What is the work (software, image, text, video, audio)?

Registration status — Copyright registration number (if any). Copyright registration in China is voluntary, but it can serve as preliminary evidence of ownership (Article 7 of the Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases [法条原文]）。

Ownership — Do we fully own it, or do we hold an exclusive license that allows us to send notices?

Prior license — Have we previously licensed this use, or a broader license that may cover this use?

Step 2: Identify the infringing material and its location

Where is the infringing material?

Platform/service provider — Which platform?

Specific URL — Link to the infringing material

Description — What the infringing material is and how it infringes

Evidence — Screenshots and evidence preservation

Step 3: Fair use gate

According tothe Copyright Law published by the National Copyright AdministrationArticle 24, first check whether it falls under the enumerated circumstances for use without permission, then check the conditions of attribution, normal use of the work, and the legitimate rights and interests of the copyright owner; for online dissemination also checkthe Regulations on the Protection of the Right to Network Dissemination of Informationthe applicable circumstances in Article 6. Record the work, the manner of use, the applicable circumstance, and the factual evidence, and re-check the original text at the time of the matter. The four factors of U.S. law cannot serve as the natural test standard for Article 24 of Chinese law.

If it may constitute statutory fair use or the materials are insufficient, do not proceed to draft a send version; submit it to a lawyer for review.

Step 4: Good-faith belief

Believe that the ownership of the work and the use are unauthorized.

Step 5: Accuracy and authorization

Confirm the authorization of the signatory to act on behalf of the rights holder.

Step 6: Draft the notice

Elements required by Article 14 of the Regulations on the Protection of the Right to Network Dissemination of Information [法条原文]：

The name (title), contact information, and address of the rights holder
The name and network address of the infringing work, performance, or sound or video recording for which deletion or disconnection of the link is requested
Preliminary proof materials constituting infringement

Supplementary requirement of Article 42 of the E-Commerce Law: the notice shall include preliminary evidence constituting infringement [法条原文]。

Structure: sender information, recipient (the receiving channel published by the service provider), subject matter, the three statutory elements, signature block.

Step 7: Loud gate before sending

Present a gate format similar to a warning letter, including:

The notice is a true statutory declaration
Erroneous notices bear civil liability (Article 24 of the Regulations [法条原文]: if an erroneous notice causes loss to a service recipient, compensation liability shall be borne; Article 42 of the E-Commerce Law: if an erroneous notice is issued in bad faith, compensation liability shall be doubled [法条原文]）
Confirm ownership, lack of authorization, fair use has been considered, and the authorizer has approved

Step 8: Output

Write to the matter folder. Display as plain text in the chat for review.

Receiving mode — triage a received notice

Your content has been taken down. The platform notifies you that it received a notice. You have options.

Step 1: Read the received notice

Extract: the sender, the platform, the work asserted, the content accused of infringement, the date of the notice, and whether the notice on its face complies with the elements of Article 14 of the Regulations.

Step 2: Assessment

Do we have a license? Negotiated, implied, any arrangement authorizing use.
Is it possibly statutory fair use? Check the circumstances and limiting conditions of Article 24 of the Copyright Law, as well as the scope of application of Article 6 of the Regulations.
Is the notice defective? Missing elements of Article 14 of the Regulations? A defective notice is not a qualified notice.
Did the platform correctly comply with the procedures of Article 15/Article 17 of the Regulations and the E-Commerce Law? Were we given an opportunity for a counter-notice?
Is the sender credible?

Step 3: Options

A — Accept (let the removal stand) | When they are right, or it is not worth fighting. B — Send a counter-notice | When in good faith you believe the removal is erroneous or mistaken. If Article 43 of the E-Commerce Law applies, after the platform forwards the statement and it reaches the right holder, if within fifteen days no notice that the right holder has already complained or filed suit is received, the platform should promptly terminate the measures taken; first check the arrival time and the applicable procedure (Original text of Article 43）。 C — Negotiate directly with the sender | There is room for a commercial resolution. D — Take no action for now and preserve evidence | Record the reasons for not initiating a counter-notice and the possible consequences; silence must not be treated as confirmation of rights.

Step 4: Draft the triage memorandum

Output to the matter folder.

Counter-notice mode — draft a counter-notice (Article 16 of the Regulations / Article 43 of the E-Commerce Law)

Step 1: Confirm the premises

The content was removed due to a notice (not the platform's own content policy enforcement)
Good-faith belief that the removal is erroneous or mistaken
Preliminary proof materials of non-infringement are ready to be provided
The decision is deliberate — not reactive, not without lawyer involvement

Step 2: Draft under Article 16 of the Regulations / Article 43 of the E-Commerce Law

Elements required by Article 16 of the Regulations [法条原文]：

The service recipient's name (designation), contact information and address
The name and network address of the work, performance, or sound or video recording requested to be restored
Preliminary proof materials that no infringement is constituted

Supplement to Article 43 of the E-Commerce Law: After an operator within the platform receives the forwarded notice, it may submit to the e-commerce platform operator a statement that no infringement exists. The statement shall include preliminary evidence that no infringement exists.

Step 3: Loud gate before sending

A counter-notice is a genuine legal statement — after a counter-notice, the right holder may file suit. The gate emphasizes:

Legal consequences of a counter-notice
If Article 43 of the E-Commerce Law applies, confirm the time when the platform's forwarded statement reaches the right holder; whether within the following fifteen days a notice that the right holder has already complained or filed suit is received determines whether the platform should promptly terminate the measures already taken. Do not write it as working days, and do not conflate it with the procedures of the Regulations on the Protection of the Right to Network Dissemination of Information.
Are we ready to respond to litigation?

Step 4: Output

Write into the matter folder.

Decision posture

When it is uncertain whether use is reasonable, whether rights are held, or whether fair use is established—do not default to safe. Flag for lawyer review.

What this skill does not do

Submit notices. Drafting only. The user submits through the channels specified by the platform.
Decide fair use. Organize evidence according to the statutory circumstances and limiting conditions under Chinese law; the lawyer decides whether to proceed.
Verify the sender's claims on the receiving side. Structured reading; each basis is flagged for verification by a professional.
Bypass gatekeeping.
Fabricate citations.
Handle non-Chinese jurisdictions. The Regulations on the Protection of the Right to Communicate Works to the Public over Information Networks are Chinese law. For other jurisdictions, flag and route.