Would Tencent Take the Copyright of Contents Published by Users on WeChat?

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(By You Yunting) Recently, a news report titled “My WeChat, But Not My Copyright?” (note: the article is in Chinese) has raised wide suspicion over the copyright of the messages posted on WeChat, a LBS messaging software by Tencent. The reporter checked the User Agreement of Tencent and interviewed a representative from the company. Unfortunately, ultimately the reporter was still unable to reach a conclusion  on the copyright ownership for messages posted on WeChat.

The author also examined the User Agreement of Tencent’s WeChat, and verified the dou
bt of the reporter. With regards to the copyright ownership of the content published by the user, Tencent’s User Agreement included very little information  and does not answer the question. As regulated in Article 11.1 of Tencent Service Agreement and Article 9.1 of Tencent Public Platform Service Agreement:

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Introduction to Copyright Protect on Clothing Design in China

By Luo Yanjie

The clothing has been long seen the most afflicted field of IPR infringement, and in addition to the common trademark infringement, the pass off on the design or model developed by others is also ubiquitous. To pass off the design of the clothing is of no way to be protected by trademark law, for which shall be covered by the copyright law. Considering the clothing itself is not the statutory protective object in law, how to protect the design of clothing is also among the long argued topics. In today’s post, we would discuss over the issue.

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Is It Illegal to Unlock or Jailbreak iPhone and iPad in China?

By You Yunting

A friend asked me a question: why by the latest USA legislature, to unlock iPhone shall be against the law, while it is permitted by law to do so for iPad? This question is complicated on essence, and it actually involves two restrictions designed by Apple on its devices.

On the initial launch of iPhone, the exclusive operating partner of Apple for its new device in USA was AT&T, and therefore it built the capability into the phone so as to ensure only the AT&T would be service network. Later on, as detained a slow internet speed, such a SIM lock was soon been unlocked, and from then on other operator could serve the users with iPhone.

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Could Bolt’s Portrait be Used in Trademark?

By Albert Chen

The fastest man Usain Bolt continued his legend in London Olympics by claiming 3 gold medals, accompany with his record, Bolt’s celebration gesture also impresses the spectators. But in recent, a company from China’s Liaoning Province (the “Liaoning Company”) applied sprinter’s celebration gesture as his trademark.

The trademark applied by Liaoning Company is the combination of a black sportsman in yellow jersey and Bolt’s iconic victory gesture on the left half, and the Chinese character of “Real Hero” on the right side (the “Real Hero trademark”). There are three classes have been applied this time, among which the application in Class 43 has been rejected for others’ first registration, the application in Class 25 was approved and that in Class 28 is facing the opposition from Bolt’s team.

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Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

by Luo Yanjie

Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.

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