Administration of the registration of intellectual property rights for data in hunan province (pilot)
In order to regulate the registration of intellectual property rights for data throughout the province, to safeguard the legitimate rights and interests of data processors and to promote the open flow and exploitation of data resources, this approach has been developed in accordance with the provisions of laws, regulations and documents such as the civil code of the people's republic of china, the law of the people's republic of china on cybersecurity, the law of the people's republic of china on the protection of personal information, the law of the people's republic of china on anti-improper competition law, the opinion of the central state council of the chinese communist party on the establishment of a data base system for a better use of data elements, and the outline for building the power of intellectual property (2021-2035)。
Article 2 this approach applies to the provision of registration services for data collections that can be read, identified or accessed by electronic or other means if they are legally acquired and subject to a certain rule of procedure and have intellectual product properties and commercial value。
Article iii. The registration of intellectual property rights for data is governed by the principles of voluntary registration, compliance with the law, fairness and order, honesty, security and efficiency。
Article 4 the hunan market supervisory authority (huanan intellectual property authority) is the province-wide data intellectual property registry (hereinafter referred to as “the registry”), which is responsible for the registration of data intellectual property throughout the province, the establishment of a province-wide data intellectual property registration platform (hereinafter referred to as “the registration platform”), the operation of data intellectual property registration and the development of policies to guide, coordinate and monitor the use and protection of data intellectual property in the administrative area。
Article 5. The subject of data processing under legal and regulatory provisions or contractual agreements, including natural persons, legal persons or illegal person organizations engaged in data collection, storage, use, processing, transmission, provision, disclosure, etc., may submit an application for registration of data intellectual property to the registration authority as an applicant (hereinafter referred to as “the applicant”)。
Applicants may apply for registration on their own initiative or may entrust the registration of intellectual property rights in data to an agent. In the case of registration, a power of attorney shall be submitted。
Cooperation in data processing should result in joint requests for registration. Applications for registration may be made jointly by the principal or by both parties, by agreement, if the data are commissioned。
Article 6 applicants shall properly complete a form of application containing the following registrations with supporting documentation:
(i) data name: contains information on the subject of the data, uses, etc。
(ii) information on the applicant: if the applicant is a legal person or an illegal person, he or she shall fill out the full name of the unit, the common social credit code, his or her profession, contact information, etc.; if the applicant is a natural person, he or she shall fill out the true name, document information, contact information, etc.; if the applicant is a person of two or more units or individuals, he or she shall fill out all the information on the applicant。
(iii) data sources: indicate that the source of the data is personal, unit or public data; it relates to personal data, which should be supported by evidence of legal availability, validity and necessity; it concerns unit data, which requires information on internal and external data collection; and it concerns public data, which should provide evidence of legal access。
(iv) industry by which the data are disaggregated by national economic industry。
(v) application scene: the main issues addressed by the conditions, scope, audience and application of the data。
(vi) structure size: data field name, data format, number of entries in data records, etc。
(vii) frequency of updating: registration data or partial data, frequency of updating of selected data modules, duration of updating。
(viii) rules of treatment: data-processing algorithm rules, including descriptions of core national data, vital data, processing of personal information and anonymity, de-labelling and disclosure of rules。
(ix) notarization: data identification route, certificate number, hasi value, etc.; notarized data description of notary body, notarized document symbol, etc。
(x) sample data: fully representative data selected from the registration data collection。
(xi) history of registration: registration data with other institutions。
(xii) other information required。
The applicant shall be responsible for the authenticity, integrity, validity and lawful compliance of the content of the registration, as required by the application, submit a declaration of commitment not to submit false material or otherwise fraudulently obtain the intellectual property registration of the data。
Article 7 data for registration should be notarized or documented using credible techniques to increase the reliability and traceability of data。
Where the data requested for registration are documented prior to the application for registration, it should be supported by a notarized certificate or a credible technical certificate。
Upon registration of the data, the applicant may, on the basis of actual needs, undertake process data archiving and notarization to enhance the level of dynamic management of the process。
Platforms or institutions that provide technical evidence of data should comply with national laws and regulations, improve data security systems and establish the necessary technical protection and operational management systems。
Article 8. Applicants shall submit online applications for registration of intellectual property rights in data to the registry authorities on a real-name basis on the registration platform. Follow-up procedures relating to registration requests are carried out on the registration platform, where applicants can log on to see progress。
Applicants may not repeat their application for registration。
The date of application is based on the time the registration authority receives the application document from the platform。
Applicants may withdraw their application for registration before registration is approved。
Article 9. The registration authority shall review the application for registration submitted by the applicant, including a formal review and a review of obvious substantive deficiencies。
If, during the review, information on the registration application form is completed and the relevant supporting material does not meet the requirements or requires additional information, the registration authority shall notify the applicant of the completion and response within ten working days of the date of receipt of the notification. If the applicant fails to respond with due cause, the request for registration is considered withdrawn。
In accordance with the procedure, the registration authority shall not disclose information on the data set that the applicant has not made public。
Article x. The review of form includes, inter alia:
(i) review the completeness and normative aspects of the information on the registration application forms submitted by the applicant and related supporting material。
(ii) verification of the authenticity of the notarization and submission of information submitted by the applicant, against a platform or agency that provides data authentication or notarial services。
Article 11. The examination of obvious substantive deficiencies includes, inter alia:
(i) review the validity of data sources。
(ii) to examine whether data-processing activities are in clear violation of the relevant laws and regulations。
(iii) review whether the sample data submitted by the applicant are consistent with the description of the data structure in the registration application form。
(iv) review whether the subject of the registration appears to have a title dispute。
(v) to examine whether there is a clear duplication of registration, whether the request for registration is withdrawn on its own initiative or abandoned after registration, and if the application for registration is repeated without justification。
(vi) review whether the registration application is manifestly detrimental to national data security, public interest or personal privacy。
(vii) such other review as may be necessary with respect to the characteristics of the person to be registered。
Article 12 the registration authority shall not register and notify the applicant if, after examination, it finds any of the following:
(i) the application is incomplete, irregular and after correction does not meet the requirements of this scheme。
(ii) failure to produce data。
(iii) does not meet the scope of the registration under this scheme and the requirements of the applicant。
(iv) the application submission does not support the legal origin of the data。
(v) data processing activities are in clear violation of the relevant laws and regulations。
(vi) where the data set for registration is pending the resolution of the existence dispute。
(vii) the sample data submitted by the applicant do not correspond to the description of the data structure in the registration application form。
(viii) is contrary to the principle of good faith。
(ix) acts against national security, against public decency, against the public interest, against the privacy of individuals, against the core values of socialism or with other adverse effects。
(x) other cases of non-registration。
If the applicant objects to the decision not to register, he or she may apply to the registration authority for review and, if the review concludes that the conditions for registration have been met, for registration。
Article 13. Registration authorities that meet the registration requirements for intellectual property rights for data that have been reviewed shall publish the information prior to registration on the registration platform for a period of 10 working days. Publicity includes information on applicants, data names, data sources, processing rules, size of structure, etc。
During the publicity period, any entity or individual may challenge the content of the registration of intellectual property rights in the data by name and provide the necessary evidentiary material. Registration is suspended during the challenge。
Upon receipt of the objection, the registration authority shall forward the objection to the applicant in a timely manner; the applicant may submit a declaration of invalidity to the registration authority and submit the necessary evidentiary material。
On the basis of the evidentiary material submitted by both parties, the registration authority produces the outcome of the objection and provides feedback to the applicant and the dissenter。
Article 14. The registration authority approves the application for registration in accordance with the law, issues an electronic certificate of registration of intellectual property rights in data (hereinafter referred to as a certificate of registration) to the applicant and publishes it promptly on the registration platform。
Registration notices include registration numbers, data names, rights-holders information, registration dates, data sources, processing rules, application scenes, frequency updates, sample data and other information voluntarily disclosed by applicants。
Article 15 a certificate of registration may serve as a preliminary certificate of the legal holding, processing, use, circulation, distribution of proceeds and protection of interests of the data collection in order to facilitate the rational flow of data elements, effective protection and full utilization。
The registration certificate is valid for three years from the date of the registration notice. If the registration data source relates to public data authorized to operate or other data obtained by agreement, the duration of the agreement shall not exceed three years, the duration of the certificate of registration shall be based on the date of the authorized operation or the date of the relevant agreement, and no unilateral application for renewal of the registration may be made。
If the certificate of registration expires and the use of the certificate continues, the subject of the right shall, within three months prior to the expiry of the period, register for renewal as required. If this cannot be done during this period, a six-month extension may be granted. The validity period for each renewal is three years from the day following the expiration of the previous period。
Article 16. In the event of a change in the main application information for registration of intellectual property rights in data, the subject of the right must apply to the registration authority for a change in time。
Upon approval, the registration authority issues and announces the revised certificate of registration, which expires on the date of issuance of the revised certificate of registration。
A change registration involving the transfer of intellectual property rights in data shall be made jointly by both parties and may be made unilaterally:
(i) inheritance, acceptance of a bequest for an interest。
(ii) the establishment, modification, transfer or extinguishment of interests by legal instruments in force, such as the people's court, the arbitration commission or decisions in force by the people's government。
(iii) if the name, name or natural condition of the subject of the right changes。
(iv) other cases provided for by law and regulations。
Article 17. Where data intellectual property rights operate on pledge, licence, etc., the subject of the right shall apply to the registry office within ten working days of the entry into force of the contract, and shall submit a copy of the relevant contract, identification of the relative, etc。
Article 18. If the procedure has not been renewed upon expiry of the period, the registration authority shall cancel the registration and make it known。
In the case of registered intellectual property rights, rights holders can apply for cancellation. Applications for write-off registration shall be submitted with the required supporting documentation. Registration authorities should review such cancellations in a timely manner and should cancel them and make public announcements。
(a) if the loss of the relevant rights of the former subject of the right arises as a result of legal instruments in force, such as the people's court, the arbitration commission, etc., the new subject of the right applies to the registrar for the cancellation or transfer of the registration; in the absence of a new subject of rights, the cancellation may be registered and announced at the initiative of the registration authority。
Article 19. After the registration of intellectual property rights in data is made public, any unit or individual (interestor) may make an application for revocation of the registration of intellectual property rights in data that do not meet the requirements of this scheme and provide the necessary evidentiary material。
The registration authority withdraws the registration and announces:
(i) if a failure to register is found under this approach。
(ii) serious obstacles or adverse effects on data flows, transactions, use, distribution, governance and security management。
(iii) other cases which do not comply with the provisions of the law。
The registration authority before the withdrawal of registration shall hear the applicant's statement, plead and decide in accordance with the law. In complex situations, the registration authority may hold hearings and make legal decisions based on the transcript of the hearings。
Article 20 the registry should establish a data intellectual property registry to record the relevant data intellectual property registrations。
Registration authorities should provide services such as access to and retrieval of data intellectual property disclosure information. Any unit or individual may access registered published intellectual property information through the registration platform。
A platform or agency that provides notarized data and credible technical documentation should provide services such as data validation in accordance with the law or as agreed。
Article 21 encourages rights holders to convert registered intellectual property rights over data through data trading platforms, such as transfer, licensing, equity investment, pledge financing, trust, securitization, etc. (c) encourage rights holders to open up licences for data intellectual property rights。
Registration authorities should strengthen the availability of information on intellectual property rights for data, interconnect the registration platform with provincial public data open operating platforms and related data trading systems, and ensure the timely, accurate, secure and effective exchange of relevant data and information。
Registration authorities should increase the promotion of registration certificates and take full advantage of their active role in promoting innovation development, dissemination and value realization。
Departments such as internet, industry and informatization, finance, commerce, data management, people's bank, financial supervision and management should actively promote the use of registration certificates in promoting the marketing of data elements, the valuation of industrial data and the cross-border flow of data。
Authorities concerned with data intellectual property should actively promote the use of registration certificates in administrative enforcement, judicial proceedings and legal supervision, strengthen the protection of data intellectual property rights and fully utilize the initial certification of registration certificates。
Article 22。
The registration authorities, in conjunction with the authorities concerned, shall strengthen the supervision of the registration of intellectual property rights in data, and shall record information on violations in the credit files as required. Any unit or individual may report to the registry authorities any violation of such laws as illegal reproduction, painting, forgery, resale, transfer, rental, loan or loan of a registration certificate。
Networking, administration of justice, data management, etc., should strengthen the oversight, management and guidance of relevant data storage platforms, notaries and public data authorization operators to effectively create a secure and credible market environment for data elements。
Article 23 this approach is interpreted by the hunan market supervisory authority (hunan intellectual property authority)。
Article 24 this scheme shall apply for a period of two years from the date of its publication。
