The rapid development of information technology has given unprecedented value to data, and the accompanying data intellectual property rights have become a new branch in the field of intellectual property. Recently, the Beijing Municipal Intellectual Property Office, the Beijing Municipal Bureau of Economy and Information Technology, and the Beijing Municipal People's Procuratorate jointly compiled and issued the Guidelines for the Work of Enterprise Data Intellectual Property Rights in Beijing (Trial) (hereinafter referred to as the "Guidelines") to guide enterprises to standardize data intellectual property work in an all-round way and promote the high-quality development of the digital economy. In this regard, industry insiders said that data intellectual property rights mainly involve the protection and management of data information, and in the development of the digital economy, the construction of data rule of law in China is still in its infancy. From this background, on the basis of intellectual property protection, the Guidelines place great emphasis on data security and compliance, and form a convergence with other laws and regulations.
Emphasis on practicality and creativity.
Data intellectual property rights mainly refer to the exclusive rights enjoyed in data or data-based intellectual achievements. Intellectual achievements generally include algorithms, models, software, databases, data analysis tools, etc., which have high value in commercial activities. In recent years, data intellectual property rights have become more and more complex in legal practice, which is mainly manifested in the development of the digital economy, and the infringement and piracy of data intellectual property rights have caused serious damage to the economic interests of relevant rights holders, industries and groups.
The reporter noted that these infringement issues have not only triggered a large number of lawsuits, but also led to the intensification of conflicts between the interests of intellectual property rights holders and the public interest. Therefore, since November last year, China has chosen to carry out pilot work in Beijing, Shanghai, Zhejiang, Jiangsu, Shandong, Fujian, Guangdong and Shenzhen, and in August this year, the State Intellectual Property Office issued the "Guidelines for Local Pilot Work of Data Intellectual Property Rights", further clarifying the task requirements of the pilot work.
Regarding the "Guidelines" issued by Beijing, lawyer Wang Zhengzhi, director of Gawain Law Firm, said in an interview with the reporter of "China ** News" that the "Guidelines" clarify the protection objects of data intellectual property rights. On the one hand, the Guidelines emphasize the legitimacy of data**, and the data should be collected in accordance with laws and regulations or obtained in accordance with the contractOn the other hand, the practicability and creativity of data are emphasized, that is, the protected data is not unprocessed raw data, but a collection of data that has been processed by certain rules (usually algorithms) and has practical value and intellectual achievement attributes.
The main part of the Guidelines consists of 5 chapters, covering five aspects: the creation of data intellectual property rights, the use of data intellectual property rights, the management of data intellectual property rights, the protection of data intellectual property rights, and the intellectual property rights of foreign-related data. In terms of the use of data intellectual property rights, the Guidelines propose that enterprises can regard data intellectual property rights as important intangible assets, actively carry out data asset entry activities, enhance enterprise value and competitiveness, and also encourage enterprises to conduct data intellectual property transactions through trading platforms such as the Beijing International Big Data Exchange. In addition, enterprises should actively participate in the standardization of data intellectual property rights, and lead or participate in the formulation of digital technology standards at home and abroad.
Wang Zhengzhi believes that the Guidelines also form an effective connection with the previous "Beijing Municipal Measures for the Administration of Data Intellectual Property Registration (Trial)", aiming to solve the problem of confirming the ownership of data assets. "The main reason for the inactive data flow and insufficient data value is that the data ownership is not clear. The establishment of a data asset registration system is the most important way and institutional guarantee to achieve data rights confirmation, and the Guidelines regard the registration certificate as a legal certificate for the right holder to hold data, and encourage the use of the registration certificate for data circulation and transactions, income distribution and protection of rights and interests. ”
Beijing is the first region after Shenzhen, Zhejiang Province and Jiangsu Province to issue legal documents related to data intellectual property registration.
Emphasis on serving market entities.
The Data Security Law and the Personal Information Protection Act have been promulgated one after another, forming effective regulations on data processing, personal information processing and other activities. In accordance with the requirements of the two laws, the main institutional requirements for data processing and personal information processing and other activities have been determined, such as the management of important data, the protection of personal information rights and interests, and cross-border data flows. However, for the enterprise level, more operational and implementable requirements are needed. In this regard, Article 3 of the Guidelines stipulates that these Guidelines apply to the data intellectual property work of all types of enterprises, and specifically reminds that relevant enterprises such as data resource holders, data processing and use enterprises, and data product business enterprises may refer to the Guidelines to carry out data intellectual property work.
Knowledge is intangible, property rights are valuable, and intellectual property protection naturally serves market players and can effectively stimulate the innovation of related enterprises. This is also an important feature of the "Guidelines" issued by Beijing this time. Wang Zhengzhi said.
Wang Zhengzhi said that because data is highly mobile and can be copied and disseminated without restrictions, how to protect data security and prevent data theft and abuse faces many challenges. On the one hand, the acquisition of raw data should comply with the relevant provisions of laws and regulations such as the Cybersecurity Law, the Data Security Law, and the Protection of Personal Information or relevant contracts, and on the other hand, the whole process of data storage, processing, use, and provision should also meet the requirements of legality and compliance, and shall not infringe on public interests and personal privacy. Therefore, the Guidelines place great emphasis on data security and compliance, which is also the focus of the industry in the era of digital economy.
*: China ** News Author: Zhang Weilun.