WIPO China: WIPO Arbitration and Mediation Shanghai Service Successfully Mediates Copyright Dispute between NBA and Xiaohongshu

The World Intellectual Property Organization (WIPO) Arbitration and Mediation Shanghai Service recently facilitated the successful resolution of a copyright dispute between NBA Properties, Inc. (“NBA”) and Xingyin Information Technology (Shanghai) Co., Ltd. (“Xiaohongshu”) through mediation.

The case was referred to the WIPO Arbitration and Mediation Shanghai Service by the Huangpu District Primary People’s Court of Shanghai and, with the consent of both parties, was mediated under the WIPO ADR Rules. During the mediation, the mediator facilitated multiple rounds of discussions between the parties on issues including the protection of right holders’ interests and the platform’s copyright governance capabilities. Ultimately, the parties not only resolved the dispute but also agreed on long-term and ongoing cooperation in copyright protection and governance on the platform.

In this case, NBA and Xiaohongshu agreed to cooperate on copyright protection and governance and reached the following understandings:

• Xiaohongshu recognizes that NBA, as an internationally renowned sports organization, owns IP assets of significant market value and has a legitimate interest in the continuous enhancement of copyright governance capabilities and effectiveness by online platforms. NBA and Xiaohongshu share the view that active cooperation between right holders and platforms can enhance the effectiveness of copyright protection and governance on online platforms. On this basis, both parties are willing to work together on copyright protection and governance.
• NBA will leverage its access to relevant rights information as a right holder by actively providing rights information and governance recommendations necessary for effective copyright governance. Xiaohongshu will leverage its technological capabilities as an online platform by actively providing the technical support and governance solutions necessary for effective copyright governance. Xiaohongshu is willing to continue to invest in technology and human resources, while NBA will continue to cooperate in these efforts, with a view to ensuring effective copyright protection and governance on the platform.
• The parties will regularly exchange information and recommendations regarding their cooperation on copyright protection and governance, continuously enhance the quality and effectiveness of copyright protection and governance, and work together to contribute to a high-quality content ecosystem.

Both parties expressed satisfaction with the outcome of the mediation. Senior Legal Counsel at NBA China subsequently visited the WIPO Arbitration and Mediation Shanghai Service to express appreciation.