Friday, April 22, 2011

China's Supreme People's Court Will Tell You How Safe Safe Harbours Are

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Main entrance Supreme People's Court Beijing
The writers versus Baidu case triggered the Supreme People's Court to draft a judicial interpretation of online copyright, and can be expected this year. A refinement of the Regulation on Protection to Network Dissemination of Information, is welcomed. Hopefully the Supreme People's Court will succeed in making the principles crystal clear whether a safe harbour applies or an online service provider is held contributorily liable. The president of the Supreme People's Court, Kong Xiangjun was quoted by Li Mao saying:  "The judicial interpretation would help protect copyright owners, network service providers as well as online users [..]." Judge Kong also said that half of all copyright cases were online cases. I hope they also illuminate the subject of online trademark, which sometimes is interpreted analogously with online copyright, but, given is distinct character, deserves its own attention from China's highest authority in the interpretation of the law.

Read Li Mao's article for the Global Times here.

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