WIPS global: [International IP Briefing] EP, US

European Commission designates ‘Temu’ as a very large online platform under DSA

On May 31, 2024, the European Commission announced that Temu has been designated as a very large online platform in accordance with the Digital Services Act (DSA) as it has an average of more than 45 million monthly users in the European Union.

The DSA, which came into effect on February 17, 2024, mandates that digital service providers such as social media or marketplaces address the spread of illegal content, online misinformation and other social risks.

So far, the EC has designated 24 Very Large Operating Platforms (VLOP) and Very Large Online Search Engines (VLOSE) under the DSA.

- In detail

As ‘Temu’ is designated as a very large online platform, it must comply with regulations to properly evaluate and mitigate all systemic risks arising from the service such as the sale of counterfeit products, unsafe or illegal products and items that infringe intellectual property rights within 4 months (until the end of September 2024).

(1) Strengthen surveillance of illegal products

∙ ‘Temu’ must carefully analyze specific systemic risks resulting from the distribution of illegal content and products, and the design or function of services and related systems. Additionally, a risk assessment report must be submitted to the EC four months after notification of formal designation as a very large online platform.

∙ Temu must establish measures to address risks such as registration and sale of items that infringe intellectual property rights, counterfeit products, and unsafe products. Specifically, it includes improvements to the review process to quickly delete illegal products and algorithm improvements to prevent the promotion and sale of banned products.

(2) Strengthening consumer protection measures

∙ ‘Temu’ must configure the platform, including user interface, recommendation algorithm, and terms of service, to mitigate and prevent risks to consumer safety and welfare.

∙ Measures should be taken to protect consumers from purchasing unsafe or illegal products, with particular emphasis on preventing the sale and distribution of products that may be harmful to minors. Specifically, this includes introducing a robust age verification system to restrict the purchase of age-restricted items.

(3) Strengthening transparency and accountability

∙ ‘Temu’ must conduct an external independent audit every year to confirm risk assessment and compliance with all DSA obligations.

< source of this post >

https://www.kiip.re.kr/board/trend/view.do?bd_gb=trend&bd_cd=1&bd_item=0&po_item_gb=&po_no=22903

US Copyright Office releases report on the impact of COVID-19 on the copyright industry

On May 23, 2024, the United States Copyright Office (USCO) published the report, ‘The Resilience of Creativity: An Examination of the COVID-19 Impact on Copyright-Reliant Industries and Their Subsequent Recovery’1)

(1) Overview

∙ As the COVID-19 pandemic brings unprecedented disruption to copyright-related industries and jobs in the United States, this study examined the impact of the COVID-19 pandemic and subsequent recovery on employment, profits, and creative works in industries that rely on copyright to understand the nature of this disruption.

∙ Data from the U.S. Bureau of Labor Statistics and the U.S. Census Bureau related to 18 industries that produce types of copyrighted works registered with USCO were used in the study.

∙ Through this data, it is possible to identify which industries were most affected by the COVID-19 pandemic and which industries have returned to pre-COVID-19 pandemic trends.

(2) Main results

① Industries that rely on copyrights have experienced a significant downturn due to the COVID-19 pandemic, but the impact is less than that on the overall U.S. economy.

∙ From February to April 2020, industries dependent on copyright experienced a decrease of approximately 375,800 jobs (-11.5%), a decrease of approximately 4,000 copyright registrations (-11%), and a loss of $21.7 billion is experiencing a decline in profits (-5.5%).

∙ Meanwhile, the U.S. economy as a whole is experiencing a 30% higher rate of job loss than industries that rely on copyright.

② Industries that rely on copyrights are recovering much faster from the economic downturn caused by the COVID-19 pandemic than the U.S. economy as a whole.

∙ By mid-2022, total employment levels had recovered from the economic impact of the pandemic, sales had recovered within 6 to 9 months, and copyright registrations had recovered within 1 to 3 months.

∙ The resilience of industries that rely on copyrights has been more resilient than that of the U.S. economy as a whole.

③ The impact of the COVID-19 pandemic on workers in industries that rely on copyrights is greater than the impact that the COVID-19 pandemic had on companies and their investors that rely on copyrights.

∙ Employment levels in most industries on copyright showed an average decline (-11%), and sales recovered much faster than employment.

∙ While sales remain above pre-pandemic trends through 2021 and 2022, making up for much of the early pandemic sales losses, employment has not experienced such a surge since the recovery.

④ There is significant variation in the impact of the COVID-19 pandemic by industry.

∙ Industries that require personal accessibility between employees or between employees and consumers, such as photo studios, the film industry, and performance companies, are being hit the hardest.

∙ On the other hand, industries related to computers and the Internet have suffered the least shock and are recovering faster than other industries.