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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Is a Copyright’s Creation Time Important for Deciding Copyright Infringement?

(By Albert Chen) In 2010, Getty Images China (“Getty China”) filed a copyright infringement suit against Sinotrans Chongqing Co. (“Sinotrans Chongqing”). After the first instance, second instance, and review, the Supreme Court confirmed the copyright held by Getty China over the pictures involved in the case. The point that deserves the most attention in the case is the different understandings on whether the creation date of the copyright is an essential requirement for showing infringement.

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Can Sound or Smell be registered as Trademarks in China?

—the introduction to the registerable trademarks in China

By You Yunting

As a news report (note: the link is in Chinese), Apple applied the trademark protection for the start up sound of its Mac in USA and Europe. The protection of sound trademark is on the front of the theory research, and in many situations, the sound is protected through copyright law. So far, to register the sound as mark in China is of no legal ground. Meanwhile, in the latest revision of the Chinese Trademark Law, we notice the suggestions to add sound as legal sort of trademark, which was objected by some experts. According to the schedule of the legislation in China, the latest Trademark Law could be issued in this October as soonest, and then we could find the answer to proposal. Today, we will introduce you the sorts of trademarks to be applied in China.

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