Under the auspices of the judge, both parties randomly sampled the buds and leaves of camellia plants in court, and the court awarded the defendant a compensation of 1.35 million yuan based on genetic testing results and other factors. In recent days, the respondents have provided pictures. Courts at all levels in Guangdong have called on the whole society to attach importance to protecting technological innovation and maintaining a fair market competition environment through public hearings, live streaming lectures, publishing white papers, and typical cases, so as to deeply ingrain the concept of "protecting intellectual property is protecting innovation" in people's hearts. Currently, the judicial protection of intellectual property rights in core technologies and emerging fields is increasingly becoming a focus, hotspot, and difficulty. The reporter visited judges, court technical investigators, and enterprise leaders to screen out two intellectual property infringement disputes related to the digital economy and seed industry, showcasing Guangdong's judicial exploration in blank areas and complex technical issues. The digital intellectual property case is the first in China to protect algorithms as trade secrets. With the rapid development of the digital economy, there is a surge in judicial demand for new fields and formats related to the Internet, big data, algorithms, and other new fields. Algorithm is one of the core technologies for the development of the digital economy, and recommendation algorithm technology is widely applied in various industries represented by internet platform enterprises. Recently, Shenzhen Intelligent Search Information Technology Co., Ltd. (hereinafter referred to as "Intelligent Search Company") protected its independently developed algorithms from infringement through judicial procedures. The algorithm recommendation technology developed by Zhisou Company, known as the "Big Data Tracking Engine", takes two years and costs tens of millions of yuan to achieve intelligent tracking, observation, and recording of news information. Currently, it has been commercially implemented in multiple media institutions. In 2021, Zhisou Company discovered that a technology company had adopted an "extremely similar" intelligent retrieval algorithm for financing and launching application software. The person in charge said, "The misappropriation of technological achievements has had a negative impact on the company's brand, technology, and business." Intelligent Search Company has taken a technology company to court, demanding cessation of infringement and compensation. Due to the complex technical content of the algorithm involved in the case, technical experts intervened in a timely manner to assist judges in solving technical difficulties. "The focus of the case is whether the algorithm composed of open model combination can be protected as a trade secret." Zhang Ting, a member of the collegial panel of the case and a judge of the Intellectual Property Court of Shenzhen Intermediate People's Court, said that in order to achieve accurate recommendation, the plaintiff used different combinations of multiple search algorithms, some of which came from open technology, which became one of the main grounds for the defendant's defense. In order to answer this question from a technical perspective, the court searched for relevant information, consulted industry experts from multiple sources, and jointly studied and provided professional technical opinions. It was believed that the defendant company's litigation algorithm had plagiarized the algorithm independently developed by Intelligent Search Company. The collegial panel has determined in accordance with the law that the defendant's behavior constitutes infringement, and has ruled that the defendant company shall immediately cease the infringing behavior and pay compensation. This is the first case in China where algorithms are protected as trade secrets. During the trial process, the court introduced auxiliary expert opinions on the core judgment of the algorithm, supplementing and improving the gaps in the court's professional field, and effectively protecting the legitimate rights and interests of internet operators. Zhang Ting introduced that the core of the algorithm is model selection optimization. Even if the technology used is a public model, if the specific model selection and weight ranking are determined by the rights holder through big data
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