Evolving landscape: an introduction

Lawmakers around the world are struggling to keep pace with the rapid advancements in social media technology and subsequent user behaviour. While many argue that effective online IP protection should be the result of voluntary collaboration between rights holders, platforms and the authorities, others dispute the motivations of major platforms to prioritise brand rights over potential reach, sales and ad revenue. As legislation evolves, platforms and brand owners alike must be aware of changes in the law, to understand both their mandatory obligations and their strategic options in the face of infringement. At the same time, both sides should continue to share knowledge, report issues, and pursue follow-up action through their own communication channels and platform-specific programmes.

Sideman & Bancroft partner Béatrice Martinet explains how the new EU Digital Services Act will streamline online enforcement processes and increase accountability for online intermediaries hosting illegal content. However, Debevoise & Plimpton partner Megan Bannigan, counsel Christopher Ford and associate Kate Saba argue that proposed US legislation goes too far. The current provisions of the SHOP SAFE Act shift liability onto e-commerce sites with vague definitions that could harm all parties, including trademark owners, sellers and consumers, they argue. In China, social media protection falls under an array of laws. Wanhuida Intellectual Property partner Jason Yao outlines the key regulations that brand owners need to know about when navigating the world’s largest social media market.

Beyond this, most social media platforms have their own policies and guidelines to support brand protection efforts. We hear from representatives at NAVER and Weixin to find out how their platforms support rights holders in their pursuit of infringers, before providing an overview of the demographics, user features and in-house brand protection programmes at some of the world’s other biggest platforms.