Law

Building an Intellectual Property Protection System that Adapts to the Development Needs of the New Era

2025-03-11   

This year, "intellectual property protection" was mentioned again in the government work report. Representatives and committee members have provided suggestions and recommendations, with each one focusing on intellectual property protection, making a resounding impact. They fully support innovation and creativity, and call for high-quality development. According to the reporter of Legal Daily in the interview, this year's representative members pay special attention to the protection of intellectual property in new business types and fields, such as artificial intelligence, Internet platforms, new energy and other fields. It is suggested to improve relevant laws and regulations as soon as possible and build an intellectual property protection system that meets the development needs of the new era. To improve AI intellectual property protection system, in the opinion of Zhong Zheng, a NPC deputy and the vice president and chief financial officer of Midea Group, generative AI is still not perfect in the legal and regulatory system, especially in defining the copyright ownership of AI generated content, tort liability identification, and privacy protection standards. Li Xiaoxuan, a member of the National Committee of the Chinese People's Political Consultative Conference, a member of the Central Committee of the Democratic Progressive Party, and vice president of the China Private Education Association, suggested that China should accelerate the pace of legislative amendments to new business models such as artificial intelligence, strengthen the comprehensive governance of AI chaos, include AI abuse as a non-traditional security issue to deal with, and accelerate the establishment of emergency response mechanisms for false information in sudden incidents; Intensify source control and strengthen the review responsibility of AI platforms for source materials; Accelerate the improvement of AI comprehensive governance level, accelerate the research and development of anti AI fraud technology and false AI information recognition technology, clarify regulatory boundaries and subject responsibilities. Lin Long'an, a member of the National Committee of the Chinese People's Political Consultative Conference and President of the Greater Bay Area Import and Export Business Association, suggested that China should formulate and introduce special policies for the integrated development of "AI+cross-border e-commerce", providing financial subsidies, tax incentives, and financial support for technological innovation, application development, platform construction, and enterprise applications. Through policy guidance, lower the threshold for enterprise technology application, and promote the digital transformation of traditional foreign trade enterprises. Two representatives from the Baijiu industry expressed concern about the current infringement, counterfeiting and unfair competition chaos in the e-commerce platform field. Gu Xiangyue, deputy to the National People's Congress, secretary of the Party Committee, chairman and general manager of Jinshiyuan Liquor Industry, believes that online e-commerce platforms have such behaviors as low price dumping, disrupting the market, frequent counterfeiting and fleeing, bill scalping and tax evasion, which interfere with the rational operation of the market mechanism. Especially in various online Baijiu sales methods, the phenomenon of fake liquor, imitated liquor, false publicity, unauthorized illegal sales and so on in the live broadcast with goods channel has been particularly prominent in recent years. Gu Xiangyue suggested promoting the joint construction of anti-counterfeiting traceability systems between e-commerce platforms and liquor companies, simplifying the complaint process for counterfeit goods, establishing special funds to support consumer rights protection, and reducing the cost of proof. Standardize live streaming sales behavior, and live streaming platforms should conduct qualification audits on sales entities to ensure traceability of goods sources and complete authorization documents; Live streaming sales should require the anchor to clearly indicate the source and price basis of the product; Strict punishment measures will be taken for non compliant anchors, and legal responsibilities will be pursued for anchors and businesses with serious circumstances in accordance with the law. "Baijiu intellectual property protection faces a series of new challenges." Zeng Na, deputy to the National People's Congress and the 23rd generation successor of Luzhou Laojiao traditional brewing technology, suggested that e-commerce platforms should establish authorization publicity and verification mechanisms, improve access threshold and margin system, and strengthen dynamic supervision through technical means; Judicial authorities should promote the updating of judicial interpretations, increase punitive damages for intellectual property infringement on online platforms, and raise the cost of illegal activities; It is suggested that relevant departments establish a national authorized information query platform, formulate special governance policies, promote the development of industry standards and "whitelists", strengthen tax supervision and data sharing, achieve multi departmental information linkage, and improve inspection efficiency. At present, China has established a comprehensive leading and dominant position in green technology and supply chain to help enterprises strengthen their global intellectual property layout. However, it also faces pressure and containment from some countries and regions. Zhong Baoshen, a deputy to the National People's Congress and chairman of Longji Green Energy Technology Co., Ltd., pointed out that China should strengthen the construction of independent innovation capacity and the development of original technologies in the photovoltaic industry, issue relevant policies to actively guide and encourage the application of efficient and advanced technology photovoltaic products, and ensure that advanced technologies can be rapidly matured through market applications and constantly upgraded iteratively. It is recommended to encourage enterprises to increase their investment in original technology research and development through policy guidance, major project establishment, research and development funding support, intellectual property protection, and other aspects. Enterprises that have already achieved original technological achievements should be given more support and protection to prevent malicious competition from zombie patents, dormant patents, etc., avoid inhibiting innovation, and ensure that innovative achievements are fully protected and reasonably utilized Zhong Baoshen said. Wang Hongmei, a deputy to the National People's Congress and a senior technical worker of Ningde Times New Energy Technology Co., Ltd., hopes to further strengthen the protection of intellectual property rights in the new energy battery industry and improve the level of judicial service. China should support new energy battery advantage enterprises to strengthen their global intellectual property layout and further expand their leading advantages, "said Wang Hongmei. (New Society)

Edit:Ou Xiaoling Responsible editor:Shu Hua

Source:Legal Dairy

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