Weighing Weibo’s copyright issues

By Wang Yadong and Zhang Jing, Run Ming Law Office
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With rocketing growth in 2011, Weibo, the microblogging website, has become a channel for the immediate sharing of information among ordinary users and even a new publicity platform for enterprises. The Jinshan Co v Zhou Hongwei name rights infringement case, dubbed the “first domestic Weibo case” by the media, has attracted the interest of the legal fraternity in legal issues that relate to Weibo.

The Supreme People’s Court recently issued the Opinions on Several Issues Concerning Fully Leveraging Intellectual Property Trial Functions to Promote the Great Development and Great Flowering of Socialist Culture and to Promote Autonomous and Co-ordinated Economic Development (the Opinions, ref. Fa Fa [2011] No 18).

Based on relevant provisions of the Opinions, and taking into account explanations of them given by the Supreme People’s Court at a press conference, to date no special characteristics of Weibo copyright cases have been found that place them outside the coverage of the current Copyright Law.

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Wang Yadong is the executive partner of Run Ming Law Office, and advised Zhou Hongwei in the “first domestic Weibo case”. Zhang Jing is a lawyer with the firm.

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E-mail:

wangyd@runminglaw.com

zhangj@runminglaw.com