infringement to the network service provider, which shall include the preliminary evidence of noninfringement and the real iden ty informa on of the network user. A er receiving the declara on, the network service provider shall forward it to the right holder who issued the no ce, and inform him that he may le a complaint to the relevant department or a lawsuit with the people’s court. The network service provider shall mely terminate the measures taken where, within a reasonable period of me a er the forwarded declara on reaches the right holder, it fails to receive no ce that the right holder has led a complaint or a lawsuit. Ar cle 1197 A network service provider who knows or should have known that a network user has infringed upon the civil-law rights and interests of another person by using its network services but fails to take necessary measures, shall assume joint and several liability with the network user. Ar cle 1198 The operators or managers of business or public premises such as hotels, shopping malls, banks, bus or train sta ons, airports, stadiums, and places of entertainment, or the organizers of mass ac vi es shall bear tort liability where they fail to ful ll the duty of maintaining safety and thus cause damage to another person. Where the damage to another person is caused by a third person, the third person shall bear tort liability, and the operator, manager, or organizer who fails to ful ll the duty of maintaining safety shall assume the corresponding supplementary liability. A er assuming the supplementary liability, the operator, manager, or organizer may claim indemni ca on against the third person. Ar cle 1199 Where a person with no capacity for performing civil juris c acts su ers personal injury while studying or living in a kindergarten, school, or any other educa onal ins tu on, the said kindergarten, school, or educa onal ins tu on shall assume tort liability; provided that the kindergarten, school, or educa onal ins tu on shall not assume tort liability if it can prove that it has ful lled its responsibili es in educa on and management. Ar cle 1200 Where a person with limited capacity for performing civil juris c acts su ers personal injury while studying or living in a school or any other educa onal ins tu on, the school or educa onal ins tu on shall assume tort liability if it fails to ful ll its responsibili es in educa on and management. Ar cle 1201 Where a person with no or limited capacity for performing civil juris c acts, while studying or living in a kindergarten, school, or any other educa onal ins tu on, su ers personal injury caused by a third person other than the kindergarten, school, or the educa onal ins tu on, the third person shall bear tort liability, and the kindergarten, school, or the educa onal ins tu on shall assume the corresponding supplementary liability if it fails to ful ll its responsibili es in management. A er assuming the supplementary liability, the kindergarten, school, or the educa onal ins tu on may claim indemni ca on against the third person. Chapter IV Product Liability Ar cle 1202 Where a defect of a product causes damage to another person, the manufacturer shall bear tort liability. Ar cle 1203 Where a defect of a product causes damage to another person, the infringed person may claim compensa on against the manufacturer or the seller of the product. Where a defect is caused by the manufacturer, the seller who has paid compensa on has the right to indemni ca on against the manufacturer. Where a defect is caused by the fault of the seller, the manufacturer who has paid compensa on has the right to indemni ca on against the seller. Ar cle 1204 Where the damage is caused by a defect of a product due to the fault of a third person, such as a transporter or a warehouser, the manufacturer or seller of the product shall, a er paying compensa on, have the right to indemni ca on against the third person. ti ti ti ti ti ti ti fi ti ti ff ti fi ti ff ft ft ti ti ti ti ti ti ff ti ti ti fi ti ti ti ti ti ti ti ti ti ti ti fi ti ti ti ti ti ti fi ti fi ft fi ti fi ti ti fi ti ti ft ti ti fi fi ti ti ti ti ti ti ti fi ti ti ti ti ti ti ti ti ti ti ti ft 129