At this year's China's"two ses-sions",namely annual sessions of the National People's Con-gress(NPC)and the National Commit-tee of the Chinese People's Political Consultative Conference(CPPCC),the proposals of deputies and members were emphatic:with the public release of the Implementing Regulations of the Patent Law,the protection of pharma-ceutical innovations has become more certain;there have been new break-throughs in the judicial application of data intellectual property rights(IPRs),and data market participants are eager to try out these new developments.This year's government work report mentioned the need to"bolster intellec-tual property rights protection"again.Deputies and members actively offered suggestions and proposals to advocate for IPR protection,effectively support-ing comprehensive innovation and aid-ing in high-quality development.
As the socialist market economy continues to deepen,there is an increas-ing demand from market participants for the protection of trademarks,geo-graphical indications(GIs)and trade secrets."Accelerating the comprehen-sive revision of the Trademark Law,""establishing a unified national legal system for GIs"and"improving the rel-evant laws and regulations for the pro-tection of trade secrets"are among the issues that continue to command atten-tion from the deputies and members.
Revolving around the construction of a timely responsive and reasonably protective IPR rule system for emerg-ing and specific fields,deputies and members offered numerous valuable suggestions."Being the first to estab-lish a reasonable data property protec-tion system can give us an advantage ininternational competition,"stated He Zhimin,a standing committee mem-ber and deputy secretary-general of the National Committee of the CPPCC,and vice chairman of the Central Com-mittee of the China Association for Pro-moting Democracy."We need to accel-erate the exploration of a data property rights system,taking into full consider-ation of data security,public interest and personal privacy,to lay a solid foundation for strengthening,scaling and enhancing our country's digital economy,"said He Zhimin.
The explosive development of gen-erative artificial intelligence(AI)mod-els presents unprecedented challenges to copyright protection and literary and artistic creation.Qiu Huadong,a stand-ing committee member of the National Committee of the CPPCC and vice chairman of the China Writers Associa-tion,suggested that relevant legislation should be quickly perfected to clarify principled issues concerning copyright protection in the field of AI.He empha-sized the need to fully leverage indus-try policies and standards to enhance the specialization and sophistication of protection.
IPR protection is a systematic proj-ect.In the face of challenges posed by emerging fields and business models,it is essential to achieve a"full chain"linkage and form a"comprehensive protection"pattern.The Central Com-mittee of the China National Democrat-ic Construction Association,focusing on emerging industrial fields such as new-generation information technolo-gy,emphasized the need to strengthen IPR protection overseas and rapidly es-tablish international competitive advan-tages.It suggested promoting the estab-lishment of a"1+1"cooperation mech-anism between domestic and overseas service institutions,encouraging rele-vant enterprises to jointly set up over-seas IPR protection mutual aid funds,improving the foreign IPR insurance service ecosystem,establishing indus-try IPR alliances and setting up indus-try IPR protection mechanisms.With the popularity of new business models such as livestreaming e-com-merce,IPR violations and crimes in the internet domain are showing trends of high concealment,hard technical nature,and organized crime evolving to industrial chain.Cai Jinchai,an NPC deputy and president of Fujian Pan-pan Foods Group,suggested that China should focus on increasing regulatory and en-forcement efforts on e-com-merce and livestreaming plat-forms.By employing techni-cal means to strengthen regu-lar screening and urging the improvement of internal credit evaluation mechanisms on plat-forms,disruptive market behaviors can be eradicated at their source.
"The trend of traditional Chinese medicine going global is becoming more pronounced,and we must firmly hold the discourse power in setting in-ternational standards,"suggested Geng Funeng,an NPC deputy and chairman of Good Doctor Group.He advised in-voking mechanisms such as IPR coop-eration in the Guangdong-Hong Kong-Macao Greater Bay Area to guide rele-vant institutions in providing long-term and effective advisory for IPR right enforcement overseas,safeguard-ing the international expansion of tradi-tional Chinese medicine enterprises.
At this year's China's"two ses-sions",many deputies and members fo-cused on and called for the establish-ment of an IPR court at the national level,and the deepening national re-form of the appellate review mecha-nism for IPR cases.Fang Yan,an NPC deputy and director of Beijing Jincheng Tongda&Neal(Xi'an)Law Firm,believed that establishing a spe-cialized IPR appellate court would be conducive to further demonstrating China's firm stance and professional ca-pability in IPR protection.A favorable IPR protection environment will pro-vide strong support for China to secure more interests and development oppor-tunities on the international stage.(by Wang Yu/Li Yangfang)
（Editor Liu Shan）
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