You're still in business for the 21st century
At present, the frontier of technological developments, such as big data, cloud computing and artificial intelligence, is rapidly evolving, and applications are expanding, placing greater demands on the protection of intellectual property rights in new industries。
The state council has recently issued the plan for the protection and application of intellectual property in the 14th five-year nation (hereinafter " the plan " ). The plan, in its part on improving intellectual property protection policies, refers to the development of new business intellectual property protection systems in new areas such as big data, artificial intelligence and genetic technology. Research to construct rules for protection of intellectual property rights in data. Improving intellectual property protection mechanisms in the field of electronic commerce. Improvement of the system for the protection of copyright in such areas as sports events, arts programmes and live webcasts。
As new technologies develop, the effects of algorithms, large data fields are becoming more pronounced, which can easily lead to monopolization, unfair competition, and discriminatory pricing, according to the shanghai law firm shailong, “under the plan, targeted regulatory rules are expected to address these new issues”
Liu xue, a contract researcher at the national institute of strategic studies of the university of tsinghua, stated that the new business-related content referred to in the plan required long-term input, scientific planning, a combination of tangible government hands and invisible market hands, to avoid duplication of construction, capital sprawl and short-term gains, as well as international cooperation to safeguard national security and avoid intellectual property disputes。
Improving the system for the protection of intellectual property rights in new and emerging fields
Economic reporters in the twenty-first century noted that the plan made numerous references to intellectual property issues related to new business practices such as big data and artificial intelligence. On 22 september, the central committee of the communist party and the state council issued the programme for the construction of a powerful state of intellectual property (2021-2035), which states that china will accelerate new business intellectual property legislation in new areas such as big data, artificial intelligence and genetic technology, and establish rules for the protection of intellectual property in new and sound technologies, new industries, new practices and new models。
In recent years, along with the expansion of the artificial intelligence field, the topic of intellectual property protection has been the subject of a chain of attention, most notably the right to copyright for works produced by artificial intelligence. In 2019, in a dispute over copyright over the internet lending home, the case related to journalism was not directly written, but was automatically generated by the dreamwriter smart writer assistant developed by the quest. The case is the first case of a domestic artificial intelligence-generated product dispute. Finally, the court found that the defendant had violated the authorship rights of the arraignment team and sentenced the defendant to $1,500。
In addition to improving intellectual property protection policies, the plan also referred to the need to accelerate the development of new intellectual property infrastructure in the context of “enhanced public service capacity for intellectual property”. Building on the national system of integrated large data centres, improving the national data centre for intellectual property and public service platforms, and upgrading the intellectual property public service's intelligence. Promote local intellectual property public service platforms and thematic databases, prioritize support for building intellectual property public service platforms in strategic and emerging industry clusters, promote interface between intellectual property public service platforms and industry and industrial information service platforms, and enhance the accessibility and inclusiveness of intellectual property public services。
In addition, the plan, in “strengthening the protection of the sources of intellectual property rights”, refers to the development of high-quality creative support policies to enhance the creation and storage of autonomous intellectual property rights in areas such as artificial intelligence, quantum information, integrated circuits, basic software, life health, brain science, bioculture, space science and technology, deep-sea exploration。
Improving intellectual property protection mechanisms in the field of electronic commerce
In another area where intellectual property protection is to be strengthened, e-commerce is mentioned in the plan as an integrated effort to improve the legal and regulatory framework, including the law on electronic commerce, as well as the mechanisms for the protection of intellectual property in electronic commerce。
Liu xu believes that the plan emphasizes the importance of basic research, such as e-commerce law, because of the incoherence and incoherence that still exists in our country with regard to synergy in productive research and development. “it is therefore essential that the plan provide guidance and norms, which are of great relevance to our country's efforts to focus on major issues and promote efficient technological transformation with enormous market potential.” he said。
With the revision of the electronic commerce law of the people's republic of china, the regulation of the intellectual property rights of electricians is gradually being strengthened. On 31 august, the general directorate of market supervision issued the decision on the revision of the law of the people's republic of china on electronic commerce (advisory draft) (hereinafter referred to as the consultation draft) for public consultation up to 14 october。
With a view to strengthening the protection of intellectual property rights, regulating the economic order of the platform and promoting the sustainable and healthy development of electronic commerce, the consultation draft proposes amendments to articles 43 and 84 of the electronic commerce law of the people's republic of china. One of them was the extension of the waiting period for counter-notification of complaints processed by the electric power plant from 15 to 20 days。
According to liu xu, the new provision in the exposure draft, “extension of the waiting period for counter-notification” and the addition of “guarantee suspension penalty”, meant that the respondent had a longer period of time and shorter waiting periods, which facilitated the protection of its intellectual property rights and prevented it from causing damage to its operations as a result of improper penalties on the electrical platform。
“the competitive order and efficiency of the electrician market has been smoothed, and the promotion of new business and new technology conversion products has been more beneficial.” he said。
Protection of copyright in the context of “reasonable use”
With the new amended copyright act on 1 june, more new works in the field of cultural and industrial industries have been brought under the protection of the law, the cost of violations has increased significantly and intellectual property cases have increased. The plan refers to the improvement of the copyright protection system in areas such as sports events, ensembles and live webcasts。
In june of this year, guangzhou tiger teeth information technology ltd. Won the first instance in a dispute with wuhan doughfish network technology ltd. Concerning the infringement of other copyrights in the esl competition and the unfair competition. The award was in the amount of millions, the first case of the violation of copyrights in the video contest。
The protection of copyright for live sports events has also been a topical topic for academic and industry circles. In june this year, in the post-season fighting phase of the nba, a case was brought before the court for the theft of video footage of the nba by an app. The court found that the matter in question constituted an improper competition and issued a decision on the preservation of conduct within 48 hours, requiring the matter in question to cease the acts of larceny, the sale of lottery, pornography, etc. The announcement was not the first platform to broadcast a stolen sporting event. In september 2020, the new wave of violence against the phoenix network, known as the "china sports games no. 1" case, ended with a new wave。
Since april this year, ongoing “long video” lawsuits and public opinion battles have kept the pain of short video copyrights under constant precision, allowing for a greater exchange of complaints between arraignments and tremors. In august, several users, such as the kings glory little cotton, issued a large number of short videos of the kings glory game in a tremor, which they took to court on the grounds that it violated copyright and unfair competition. Following a judgement, the trial was successful at first instance and a sum of $600,000 was awarded. In the same month, the message was removed and cut without authorization by the creators of the acoustic show " blackstorm " , in violation of copyrights and unfair competition, to the intellectual property court in beijing, where the video request was made to remove, filter and intercept the video on the platform of the violation of " black storm " , and to stop spreading the video of the violation in question with a view to obtaining an undue benefit through the tremor, with a total of $100 million in compensation for economic losses and defence expenditure。
Within the framework of the “reasonable use” of the new copyright act, how to balance copyright protection against the two-dimensional space for short video is a subject that needs to be addressed urgently by industry, academia and society at large。
