This update is especially relevant to business owners, advertisers, ad agencies, digital marketeers, and tech service providers who promote their own and/or third party brands and products through third-party websites or apps.
Key Update
Combatting Ad Placement on Copyright-Infringement Platforms: WIPO Alerts
As online advertising and promotions become increasingly widespread due to the internet’s accessibility, numerous websites and apps now facilitate these advertising activities as a primary source of revenue. However, some of these platforms may inadvertently allow or even promote content that infringes the trademark or copyrights of others, risking damage to their own reputation, brand dilution and, in some cases, even encouraging unknowing customers to engage with unlawful services if the advertised content leads to illegal sites or services.
To address this, the World Intellectual Property Organization (WIPO), a specialized UN agency and global forum for intellectual property, has launched WIPO Alert, a secure online platform. This platform enables authorized entities within WIPO’s 193 member states to upload and share lists of websites and apps deemed copyright-infringing by national standards.
Accessing WIPO Alerts
As of September 13, 2024, Malaysia joined WIPO Alert, underscoring its dedication to fighting digital piracy and unauthorized advertising. Advertisers, agencies, and tech service providers can now apply to become Authorized Users of WIPO Alert to access an aggregated list of copyright-infringing websites globally. Authorized Users must agree to use this data solely for preventing unlawful ad placements on these platforms, and they must keep the information confidential.
Implications on Businesses
- Protecting Brand Reputation: WIPO Alert equips businesses to proactively manage ad placements, reducing the risk of unintentional association with copyright-infringing platforms. By using this service, brands can safeguard their image and avoid reputational damage. Automated ad systems can further integrate WIPO Alert data to ensure ads do not inadvertently appear on infringing sites.
- Supporting International Expansion: For companies with a global presence, WIPO Alert’s international coordination allows for a streamlined, consistent advertising strategy across multiple countries, navigating diverse legal standards while upholding brand integrity.
- Cost-Free Access: Currently, WIPO Alert is available free of charge to Authorized Users, making it an accessible tool for businesses of all sizes to maintain ethical ad practices.
- Membership Seal and Credibility Boost: Authorized Users can display the WIPO Alert Membership Seal on their websites and publications, signalling a commitment to ethical advertising and anti-piracy. This not only strengthens brand credibility but also builds consumer trust and attracts like-minded partners.
By integrating WIPO Alert into advertising strategies, businesses in the digital media space can better protect their brand image, demonstrate ethical responsibility, and reinforce their commitment to intellectual property rights in a globally interconnected market, for free.
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This article was written by Low Rui Thong (Pupil in Chambers) from Donovan & Ho’s corporate practice.
Our corporate practice group advises on corporate acquisitions, restructuring exercises, joint venture arrangements, shareholder agreements, employee share options and franchise businesses, Malaysia start-up founders and can assist with venture capital funds in Seed, Series A & B funding rounds. Feel free to contact us if you have any queries.
