From licensing negotiations involving standard essential patents (SEPs), to unfair competition involving data, and regulatory issues concerning the copyright law in generative artificial intelligence (AI) videos, this themed essay initiative collected the latest research across several hot IP topics. Six keywords have been selected to further engage readers in exploring innovation and progress within the evolving IP landscape.
Patent
A review of the award-winning essays reveals that the patent open license system and SEPs emerged as major areas of focus. Several researchers contributed insights and proposed solutions to advance the effective implementation of China's patent open license system, addressing issues such as defining value boundaries, optimizing operational mechanisms, and mitigating the risks of system ineffectiveness. Regarding SEPs, the essays explored several emerging topics, such as optimizing negotiation mechanisms and exploring the preventive functions of anti-anti-suit injunctions.
Trademark
In terms of trademarks, researchers focused on issues such as the establishment of a compulsory transfer system for maliciously registered trademarks and the application of punitive damages in trademark infringement cases. The proposed compulsory transfer system is seen as an effective tool for curbing malicious trademark registration. However, its institutional framework in China remains in a nascent stage. To enhance the system's precision and effectiveness, some experts offered suggestions regarding the scope of its application and the design of its procedures.
Geographical Indication
Legislation on geographical indications (GIs) plays a vital role in ensuring the quality and distinctiveness of GI products. Emphasizing the need for dedicated GI legislation, some experts argued for the necessity of a standalone legal framework in China, examined potential conflicts between such legislation and existing trademark law, and proposed possible solutions for harmonization. Moreover, to strengthen GI protection in China, researchers suggested measures such as efficiently handling administrative public interest litigation cases involving GIs and enhancing the professionalism of prosecutorial oversight.
Copyright
The use of algorithmic recommendation technologies has sparked legal debates over how to interpret online platforms' duty of care in copyright infringement disputes. To address this issue, some scholars examined the expansion and boundaries of such duty, offering insights to support the development of a healthy online copyright environment. In addition, focusing on the copyright ownership of AI-generated works, researchers drew on fundamental copyright theories to assess the applicability of existing legal frameworks in this emerging field, and provided theoretical support and guidance for shaping future models of rights attribution.
Data
With the rapid development of the digital economy, the growing value of data has raised new demands for building a robust IP protection system for data. Focusing on data IP registration, some scholars proposed legislative improvements based on analyses of pilot normative documents from various provinces and cities, and suggested standardizing terminology for registrable objects, clarifying subject eligibility, defining review mechanisms, and unifying the legal effects of registration. Meanwhile, other researchers examined judicial practices related to the protection of enterprise data under the anti-unfair competition law, offering recommendations to optimize protection strategies.
Artificial Intelligence
The rapid advancement of AI has brought both opportunities and challenges to IP protection. Regarding copyright, scholars pointed out that offenses involving AI-generated content pose risks such as large-scale infringement and complex dissemination chains and proposed building a comprehensive prevention and control framework including legal interest harm assessment, tiered regulation, and collaborative governance. Additionally, some researchers suggested specific measures including leveraging AI to assist patent examination, aiming to establish appropriate standards for evaluating the inventiveness of AI-generated inventions.