Despite being a relatively new app, WeChat (or Weixin in Chinese), is the dominant social media app in China. Simply

put, it can be likened to a WhatsApp, Facebook and Twitter put together into one app. It also has many added features,

e.g. payment services for in-app transactions, taxi bookings, food ordering, doctor appointment bookings, etc.

With over 762 million monthly active users amounting to 55% of the population in China, businesses have been utilizing

the many functions of this platform to directly reach out and interact with millions. Similarity, intellectual property (“IP”)

infringement on these platforms is a growing problem. How to combat IP infringement and avoid diversion of businesses

on WeChat is a must-know for all intellectual property right (“IPR”) owners.

This article outlines (1) the commonly-found IP infringement activities found on WeChat and (2) the protection

mechanism offered by WeChat.

All You Need to Know about Enforcing on WeChat, the Most Popular Social Media App in China

IP UPDATE

H O N G K O N G | B E I J I N G

Y O U R G R E A T E R C H I N A L A W Y E R S

issue 04 . 2016NEWSLETTER

Annamae KooSENIOR ASSOCIATE

HONG KONG

Fandy IpASSOCIATE

HONG KONG

Upon receipt of a report, WeChat will review the complaint to confirm whether or not infringement was established.

If infringement has indeed taken place, WeChat will remove the infringing content, and issue a warning towards the

infringing account. In more serious cases, including repeat offenders, restrictions can be placed on the account, which

can be up to a permanent suspension.

2

IP infringement trends in WeChat

WeChat has two types of accounts, (1) personal accounts

that are used by individuals, and (2) public accounts that

are used by businesses to push advertising contents and

feeds to subscribers.

The commonly found IP infringing activities in WeChat

include:-

a. advertising of counterfeit goods on public accounts;

b. advertising of counterfeit goods on the Moments page of

personal accounts (Moments is similar to the timeline of

Facebook, but posts and comments may only be viewed

by the users’ friends);

c. buy and sale of counterfeit goods among users via

instant messaging function;

d. spurious and unofficial accounts where the account

names, account description, account profile picture

incorporate the true owners’ brand, trade name or

company name; and

e. unauthorized copying and redistribution of copyrighted

materials, including articles, videos and photos.

Tools available to IPR owners

Online complaint platform

Similar to e-commerce sites such as Taobao or Alibaba,

WeChat operates an online complaint platform which allows

IPR owners to report infringing contents found on WeChat.

IP UPDATE

These include infringing contents in the user ID, user

information and contents published by public accounts ((a),

(d) and (e) above)), as well as user ID and user information

and contents published by personal accounts on Moments.

((b), (c) and (e) above).

IPR owners may rely on registered trademarks, copyrights

and patents to file a complaint against public accounts and

personal accounts, and additionally rely on trade name

rights and enterprise name rights against contents posted by

public accounts. Report against IP infringement in personal

accounts may be lodged at https://weixin110.qq.com, while

report against public accounts may be made at

https://mp.weixin.qq.com.

The right owner has to provide the following when lodging a

complaint:

1. proof of legal standing of right owner; if lodged by agent,

power of attorney and proof of legal standing of the

agent;

2. particulars of infringement (including the content itself,

and the infringing user ID or web link);

3. preliminary evidence of infringement, including proof of

ownership of copyright, or registered trademark in China;

4. declaration from the complainant that the information

provided is true, valid and legal.

Rights Relied on in Compliants AgainstPublic Accounts

Number of IPR Infringement ComplaintsMade Against Users of:

Patent0.10%

PublicAccount,

13000complaints

PrivateAccount,

200complaints

Copyright44.70%

Trademark55.20% Data from

4th Quarter 2014 to3rd Quarter 2015

Data from4th Quarter 2014 to3rd Quarter 2015

All Rights Reserved.

Please note that the information and opinions contained in this newsletter are intended to provide a general overview only, and should not be treated as a substitute for proper legal advice concerning an individual situation. We disclaim all liability to any person in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the contents of this newsletter. Readers should make their own enquiries and seek appropriate legal advice on the particular facts and circumstances at issue.

© Vivien Chan & Co., Newsletter issue 4, July 2016

3

IP UPDATE

Preferred Brand Owner Program by WeChat

WeChat has also set up a platform to work with IPR owners to

direct complaints made by the public to IPR owners. After

the IPR owner is accepted to be a member of the WeChat

brand IP protection program, complaints on IP infringement

made by the public in published contents, user contents and

instant messaging apps would be directed to the contact

point provided by the IPR owner for verification. If the

contents are verified by the IPR owner as indeed

counterfeits, the complaint platform would accordingly

impose relevant sanctions to the infringer, e.g. take down

the infringing content or suspend the account, and notify

the complainant and the IPR owner accordingly.

This saves time and costs of IPR owners to actively monitor

infringing contents, as contents usually appear in Moments

or instant messages not accessible to public.

WeChat considers factors like the fame and influence of the

brand in deciding whether to co-operate with them. As of

April 2016, more than 60 brand owners have been

co-operating with WeChat.

“Declaration of Originality" Protection for Copyright

WeChat further allows copyright owners to declare their

work as original. After the IPR owner makes a declaration

electronically, the work would be marked as “original”. The

copyright owner may disallow the reproduction of the work

altogether, or elect that the original author be mandatorily

included if a user shares the article. The system would also

automatically detect similar articles published in public

accounts and add the original owner to such content.

This tool may curb the unauthorized copyright of original

articles, videos or pictures. Further, through combating the

unauthorized sharing of links with copyrighted content, the

IPR owner may also prevent other users from pretending to

be the true brand owner or authorized distributor or

licensees, and direct any consumer interest back to the

public account itself.

Conclusion

As the social media landscape is rapidly changing, IPR

owner should stay tuned to consumer and infringement

behavior on the most popular online platforms, and adjust

their IPR enforcement strategy accordingly.

(Source: WeChat Intellectual Property Protection White Book)