Shenzhen, Guangdong is taking the lead in exploring the data intellectual property system: registration certificates promote data transaction circulation-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Shenzhen, Guangdong is taking the lead in exploring the data intellectual property system: registration certificates promote data transaction circulation

Release Time：

2023-05-31

Since its launch on November 29 last year, so far, 68 data intellectual property registration certificates have been published on the Guangdong Shenzhen Data Intellectual Property Registration Platform. Judging from the public information, each piece of data states the basic information of the data applicant and the data situation information, including data name, application scenarios, data introduction, data source, data format, processing rules and sample data, etc.

Most of these data come from the company's own/self-collected data or purchased data. There are many types of data, including people-related data such as employment and residential population data in various districts of Shenzhen, blockchain talent data, multi-source population monitoring data, etc., and data related to companies such as listed companies. Basic information and financial statement data, high-tech enterprise data, enterprise relocation early warning model results data, national enterprise financing information data, basic information and processing data of enterprises with intellectual property rights in Shenzhen, etc.; in addition, there is primary market land transfer information, industry Prosperity model result data, regional industry growth result data, regional macroeconomic indicator forecast data and other various data.

In November last year, the State Intellectual Property Office issued the "Notice on Determining Pilot Areas for Data Intellectual Property Rights" and the "Implementation Plan for Local Pilot Work on Data Intellectual Property Rights (Outline)". As one of the first cities to launch a pilot program for data intellectual property rights, Shenzhen was the first in the country to propose and build a complete process for the registration of data intellectual property rights, providing public services for data intellectual property registration to the society. In the six months since the pilot work was launched, Shenzhen has built a complete closed-loop system for data intellectual property registration, and actively promoted the application of data intellectual property registration certificates and identification of judicial evidence, so that the application of certificates can truly be implemented in corporate production operations and market data transactions. At the same time, it will help improve the legislation and standardization of the data intellectual property system and lay a good foundation for the construction of the data element market.

Solve the transaction problem of unclear data ownership

In March 2020, the "Opinions on Building a More Complete Market-oriented Allocation System and Mechanism of Factors" issued by the Central Committee of the Communist Party of China and the State Council incorporated data into production factors along with land, labor, capital, and technology, and proposed to improve the nature of property rights based on the nature of the data. Promote the independent and orderly flow of data elements and improve the efficiency of data element allocation. In December 2022, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Building a Data Basic System to Better Play the Role of Data Elements", building a data basic system from the aspects of data property rights, circulation transactions, income distribution, security governance, etc., and proposed to study data property rights New way to register.

In October 2020, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Comprehensive Reform Pilot Implementation Plan for Building a Pioneer Demonstration Zone of Socialism with Chinese Characteristics in Shenzhen (2020-2025)" (hereinafter referred to as the "Plan"), which is designed at the top level of the central reform and Under strategic arrangements, support Shenzhen in implementing comprehensive authorization reform pilots. In the section "Improving the Market-oriented Allocation System and Mechanism of Factors", the "Plan" clarifies that Shenzhen should accelerate the cultivation of the data factor market and gives Shenzhen a new mission of pioneering and piloting in aspects such as improving data property rights.

The Shenzhen Intellectual Property Office is responsible for the promotion and protection of the city's intellectual property use. In the practice of Shenzhen's data element market construction, it is mainly responsible for exploring the design of data intellectual property rules, data intellectual property registration, protection and application. After the launch of the data intellectual property pilot work, under the guidance of the State Intellectual Property Office, the Shenzhen Intellectual Property Office successively carried out pilot-related work such as research on the theoretical system of data intellectual property, registration practice, legislative promotion, and transaction promotion.

The relevant person in charge of the Promotion Office of Shenzhen Intellectual Property Office said that the "pioneer and trial" of Shenzhen's pilot project is mainly reflected in the registration of data intellectual property rights. It was the first to design and form the idea and process of data intellectual property certificate registration, and was the first to complete the construction of a data intellectual property registration system. , issued the first batch of data intellectual property registration certificates in the country, and clarified the validity period of the data intellectual property registration certificates.

Why does Shenzhen’s data intellectual property pilot work start with certificate registration? The person in charge said that data intellectual property rights are a useful exploration of data-based systems. Through the registration of data intellectual property certificates, these data have the appearance of data intellectual property rights and have limited exclusive rights, which can regulate the improper acquisition and use of data by others, avoid data rights disputes, and crack down on enterprises’ data ownership disputes. The unclear and "unable to trade" and "dare not to trade" problems fundamentally and effectively promote the flow of data transactions.

In order to cooperate with the data intellectual property registration work, the Shenzhen Intellectual Property Office issued the "Shenzhen Intellectual Property Office Data Intellectual Property Registration Pilot Work Plan" to guide the formulation of registration-related system documents, including registration application forms, registration certificate formats, review specifications, etc. , and completed the construction of a data intellectual property registration system.

A complete closed-loop system for data intellectual property registration has been established

The Shenzhen Data Intellectual Property Registration System was developed and constructed by the Shenzhen Institute of Standards and Technology under the guidance of the State Intellectual Property Office and the Shenzhen Intellectual Property Office. Tan Li, director of the Standards and Intellectual Property Office of the Shenzhen Institute of Standards and Technology, introduced that the institute has established supporting institutional documents to standardize the data intellectual property registration process, and relies on the Shenzhen Intellectual Property Protection Comprehensive Service Platform and the data intellectual property registration system to provide The data processor provides a full-process service of "data hash value storage certificate - registration application - material review - information disclosure - certificate issuance". The data registered and publicized in the data intellectual property registration system are all non-public data collections that have been processed under certain rules, have commercial value, and are in a non-public status.

Bai Yun, founder and general manager of Shenzhen Yunchuang Data Security Technology Co., Ltd. and an expert at the China Academy of Information and Communications Technology's "Data Security Promotion Plan" data security think tank, said that companies very much hope to make use of data, break down data silos, and unleash the potential of data elements. Data The intellectual property registration certificate serves as a certificate of rights for enterprises to hold relevant data, providing a prerequisite for data interconnection and interoperability.

Tan Li introduced that at present, the process of matters before, during and after registration of data intellectual property rights has been set up, including data hash value storage, application and review before registration, publicity during registration, third-party objections, and after registration. Procedures such as data flow change, logout, and revocation have formed a complete closed loop.

"The data intellectual property registration system currently launched by the Shenzhen Institute of Standards and Technology has a clear process, is simple and easy to use. If an enterprise wants to conduct data transactions, it can first register or query intellectual property rights through the data intellectual property registration system and obtain a data intellectual property registration certificate. Then conduct data transactions." Bai Yun said.

"The data intellectual property registration certificate, as the basic certificate for the data held by the data processor, can promote the flow of data transactions on the one hand, and on the other hand, it can also protect the security of corporate data. For enterprises, after receiving the data intellectual property registration certificate, they can avoid The corresponding data has been illegally stolen by others and it is difficult to prove after use." Tan Li said that with the continuous advancement of the pilot work, the data intellectual property registration certificate will be used in data transactions, data protection and other fields, and will promote data more efficiently in the future. transactions, circulation, sharing and protection, further releasing the potential of data elements and promoting the high-quality development of the digital economy.

Promote certificate application, legislation and standardization construction

Tan Li told reporters that in terms of the application of data intellectual property registration certificates, cooperation intentions have been reached with Shenzhen Data Exchange and Guiyang Big Data Exchange, and the certificates will be used in data transactions as the basic certificate for data sellers to legally hold data. Facilitate the entry and transaction of enterprise data. In addition, the Shenzhen Data Intellectual Property Registration Certificate will be further applied in the fields of data asset financing, data asset accounting, and statistical accounting of data elements.

For example, the "Plan" authorizes Shenzhen to carry out a pilot program for statistical accounting of data production factors. Official information from the Shenzhen Municipal Bureau of Statistics shows that it has taken the lead in launching theoretical research and technical design related to statistical accounting of data production factors in 2020, and will launch a city-wide pilot in 2022. In 2023, it will continue to conduct systematic research on the statistical accounting of data production factors. We will further "dig deep and penetrate" and continuously improve the initially formed theoretical method system.

Tan Li said that whether the statistical department performs statistical accounting of data production factors or the financial department requires data asset accounting, the data intellectual property registration certificate can provide the corresponding basis for proof, and is currently working with relevant departments to study the application of the certificate.

According to reports, currently, the Shenzhen Intellectual Property Office is actively communicating and cooperating with the Municipal Intermediate People's Court to explore the formation of evidence identification rules for data intellectual property registration, promote the application of certificates in judicial trials, and better protect the legitimate rights and interests of data processors .

Bai Yun said that enterprises are still confused in practice. For example, in terms of data intellectual property registration standards, which data cannot be applied for registration, and what are the specific requirements for security technical standards, they are looking forward to more detailed rules and guidance.

According to reports, since December 2022, the Shenzhen Data Intellectual Property Pilot Project Team has connected with the Shenzhen High-tech Enterprise Collaborative Innovation Promotion Association, the Shenzhen Information Service Industry Blockchain Association, and the Shenzhen Foreign-Invested Enterprises Association to issue legislation to enterprises. The survey questionnaires were collected and collected, and the collected legislative suggestions were sorted and studied, laying a solid foundation for data intellectual property legislation. In terms of data intellectual property legislation, the "Legislative Plan Project Description on Revising the Regulations on the Protection of Intellectual Property Rights in Shenzhen Special Economic Zones" has been submitted to the Municipal Justice Bureau, and the revision of the "Regulations on the Protection of Intellectual Property Rights in Shenzhen Special Economic Zones" will be launched as soon as possible. Incorporate content related to data intellectual property into regulations. At the same time, we will continue to improve the standard system and promote the development of key standards.

The Shenzhen Intellectual Property Office stated that the next step will focus on continued in-depth exploration of data intellectual property legislation, the construction of a data intellectual property standard system, the evidence identification rules for data intellectual property registration, and the application of data intellectual property registration certificates to actively assist data elements. Market building. (Reporters Ren Wendai, Chi Zemei, Ren Qiqi)

Source: Democracy and Legal Times

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