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Latest Policy | "Zhejiang Provincial Data Intellectual Property Registration Measures (Trial)" released! It will come into force on July 1

2023-06-13

Zhejiang Provincial Administration for Market Regulation and other 11 departments on the issuance

Notice of the Measures for the Registration of Data Intellectual Property Rights in Zhejiang Province (for Trial Implementation).

Relevant departments of cities and counties (cities and districts):

In order to implement the "Zhejiang Provincial Regulations on the Protection and Promotion of Intellectual Property Rights" and promote the national pilot project of data intellectual property rights, the "Zhejiang Provincial Data Intellectual Property Rights Registration Measures (Trial)" are hereby issued to you, and all localities and departments are requested to do a good job of implementation.

Zhejiang Provincial Administration for Market Regulation

Office of the Cyber Security and Information Commission of the Zhejiang Provincial Committee of the Communist Party of China

Zhejiang Provincial Development and Reform Commission

Zhejiang Provincial Department of Economy and Information Technology

Zhejiang Provincial Department of Justice

Zhejiang Provincial Department of Commerce

Zhejiang Provincial Big Data Development Administration

Zhejiang Provincial High People's Court

Zhejiang Provincial People's Procuratorate

Hangzhou Central Branch of the People's Bank of China

Zhejiang Supervision Bureau of China Banking and Insurance Regulatory Commission

May 26, 2023

(This is a public release)

Zhejiang Provincial Measures for the Registration of Data Intellectual Property Rights (for Trial Implementation)

In order to promote the innovation, development and utilization of data elements, and to standardize data intellectual property registration efforts, in accordance with the "Civil Code of the People's Republic of China", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", "Cybersecurity Law of the People's Republic of China", "Anti-Unfair Competition Law of the People's Republic of China", "Zhejiang Provincial Regulations on the Protection and Promotion of Intellectual Property Rights", "Zhejiang Provincial Regulations on Public Data" and other laws and regulations, as well as the "Outline for Building an Intellectual Property Power (2021-2035)" of the Party Central Committee and the State Council These Measures are formulated in the spirit of documents such as the Opinions on Constructing a Data Basic System to Better Play the Role of Data Elements, and the 14th Five-Year Plan for the Protection and Use of Intellectual Property Rights.

1. Scope of application

(1) Scope and principles of application. These Measures apply to the provision of data intellectual property registration services for data collected in accordance with law, processed by certain algorithms, and with practical value and intellectual achievement attributes. The registration of data intellectual property rights follows the principles of legal compliance, fairness and orderliness, honesty and credibility, voluntariness and efficiency.

The Provincial Market Supervision Bureau (Intellectual Property Office) is responsible for the supervision and management of data intellectual property registration service activities in the province. The data intellectual property registration service is carried out through the Zhejiang Provincial Data Intellectual Property Registration Platform (hereinafter referred to as the "Registration Platform"), which is specifically undertaken by the Zhejiang Provincial Intellectual Property Research and Service Center.

(2) The subject of the application. Applications for data intellectual property rights registration services shall be submitted by units or individuals that handle data in accordance with laws and regulations. Where data is handled cooperatively, an application for registration services shall be jointly submitted. Where others are entrusted to handle data, the entrusting party or both parties may jointly submit an application for registration services in accordance with the agreement.

The data processing activities of applicants for registration of intellectual property rights in data (hereinafter referred to as "applicants") shall comply with relevant laws and regulations, and must not endanger national security, harm the public interest, or infringe upon the lawful rights and interests of others.

2. Application for registration

(3) Notarization of data storage before registration. The data applied for registration shall be notarized and stored in advance or the use of blockchain and other credible technologies to store evidence, so as to increase the level of trustworthiness and traceability of data.

Platforms or institutions that provide data notarization and evidence preservation and credible technology evidence shall comply with national laws and regulations, improve data security systems, and establish necessary technical protection and operational management systems.

Data processors can carry out the storage and notarization of process data according to actual needs, so as to improve the dynamic management level of the whole process.

(4) Submission of an application for registration. Applicants should truthfully fill in the registration application form through the registration platform and provide the necessary supporting documents. The registration application form mainly contains the following contents:

1. The name of the intellectual property rights of the data. The name format is Application Scenario + Data.

2. Industry. Select the industry to which the data belongs according to the classification of national economic industries.

3. Application scenarios. Explain the conditions, scope, and objects to which the data is applicable, and clearly reflect the main problems that can be solved by the application of the data.

4. Data sources. Explain that the source of the data is personal data, enterprise data, or public data. where personal data is involved, proof of collection, possession, custody, and use in accordance with laws and regulations shall be submitted; If enterprise data is involved, internal data collection and external data collection shall be explained; Where public data is involved, proof of acquisition in accordance with laws and regulations shall be provided, including agreements for the open use of public data or agreements for authorized operations, and so forth.

5. Structural scale. Describes the data structure (data field name and format) and the number of data records.

6. Update frequency. Describe the update frequency and update period of the data or part of the data or some data units.

7. Brief description of algorithm rules. Briefly describe the construction of algorithms and models in the process of data processing. Where personal data or public data is involved, the necessary anonymization and de-identification of the data shall also be explained, to ensure that the original data cannot be restored through reversible models or algorithms.

8. Notarization of certificates. Explain the storage method, certificate number, hash algorithm, hash value, etc. for the data that has been stored, and explain the notary public and notarial certificate number for the data that has been notarized.

9. Other circumstances that need to be explained.

The applicant shall make a commitment to the compliance of the data and the authenticity of the application information, and select the sample data from the data that has been stored or notarized as the sample data for registration and review. The sample data shall conform to the description of the data structure in the registration application form.

The applicant shall submit relevant evidence preservation or notarization information to the registration platform through the platform or institution that provides data preservation or notarization services, and the relevant platform or institution shall cooperate in the docking work with the registration platform.

3. Registration review

The registration platform is to conduct a formal review of the application for registration of data intellectual property rights in accordance with the provisions of these Measures.

(5) Review and supplement. If it is found that the registration application form and supporting documents do not meet the requirements or need to make supplementary explanations, the registration platform shall notify the applicant to make corrections, amendments or explanations within 10 working days. If there is no legitimate reason for failing to reply within the time limit, it shall be deemed to have withdrawn the application for registration.

If any of the following circumstances are found in the formal examination, it shall not be registered:

1. It does not comply with the scope of application and principles of these measures.

2. It does not comply with the provisions of the application body of these Measures.

3. Data storage or notarization has not been carried out before registration.

4. There is a dispute over the ownership of data intellectual property rights.

5. The application for registration is submitted again without a legitimate reason.

6. The applicant conceals the facts or falsifies.

7. Other circumstances that do not comply with relevant laws and regulations.

(6) Review and publicity. Where the registration platform meets the requirements for the registration of data intellectual property rights after formal review, it shall be publicized on the registration platform before registration, and the publicity period shall be 10 working days. The content of the publicity includes information such as the applicant, the name of the data intellectual property rights, the application scenario, the source of the data, and a brief description of the algorithm rules.

(7) Handling of objections. During the publicity period, any unit or individual may raise an objection to the content of the data intellectual property registration and publicity in real name and provide necessary evidentiary materials. The registration is suspended during the opposition period.

After receiving an objection, the registration platform shall forward the content of the objection to the applicant within three working days; The applicant may submit a statement of unsubstantiated opposition and submit necessary evidence to the registration platform. The registration platform forms the result of the objection based on the evidence submitted by both parties, and gives feedback to the applicant and the objector.

Where ownership disputes are involved, after receiving a statement submitted by the applicant that the objection is not sustained, the registration platform shall forward the statement to the objector and inform them that they may file a complaint with the relevant competent department or file a lawsuit with the people's court. Where, within 15 days of the transfer statement reaching the objector, the registration platform does not receive a notice that the objector has already complained or filed a lawsuit, the registration procedures are to be resumed.

(8) Issuance of certificates and announcements. If there is no objection to the publicity or the objection is not sustained, the registration platform shall issue an electronic certificate for the registration of data intellectual property rights (hereinafter referred to as the "registration certificate") after the expiration of the publicity period, and make an announcement on the registration platform.

The content of the registration announcement includes information such as the registration number, the applicant, the name of the data intellectual property rights, the industry to which it belongs, the application scenario, the scale of the structure, a brief description of the algorithm rules, and the notarization of the evidence. The registration certificate contains information such as the registration number, the applicant, the name of the data intellectual property rights, and the date of registration.

(9) Withdrawal and revocation. During the registration process of data intellectual property rights, the applicant may withdraw the application; After the registration announcement, the applicant can voluntarily give up. Specific reasons shall be stated in the case of withdrawal or renunciation.

After the announcement of the registration of data intellectual property rights, interested parties may submit an application for cancellation of the registration of data intellectual property rights that do not comply with the provisions of these Measures and provide necessary evidentiary materials.

In the following circumstances, the registration platform may cancel the registration:

1. After registration, it is found that there are circumstances of non-registration as provided for in these Measures.

2. After registration, it seriously obstructs or adversely affects the circulation, transaction, use, distribution, governance, and security management of data.

3. Other circumstances that do not comply with the provisions of laws and regulations.

Where registration is waived or registration is revoked, the registration platform shall make an announcement.

Fourth, the use of registration certificates

(10) Validity of certificates. The registration certificate can be used as a preliminary proof of holding the corresponding data, which can be used for data circulation transactions, income distribution and protection of rights and interests.

Data handlers are encouraged to promptly register data intellectual property rights, strengthen the use of registration certificates through various methods such as pledges, transactions, and licensing, protect their own lawful rights and interests, and promote the innovative development, dissemination, and use of data, and the realization of value.

(11) Validity period of the certificate. The registration certificate is valid for three years from the date of the registration announcement. Where public data is involved, the term of the open use agreement or authorized operation agreement is not more than three years, the term of the relevant agreement is the validity period.

If the validity period of the registration certificate expires and it is necessary to continue to use the certificate, the applicant shall go through the renewal registration formalities in accordance with the provisions within six months before the expiration. Each renewal registration is valid for three years, starting from the day after the expiration of the previous session. Where public data is involved, the term of the open use agreement or authorized operation agreement is to be renewed. If the renewal formalities are not completed upon the expiration of the time limit, the registration shall be cancelled by the registration platform and announced.

(12) Change filing. Where there is a change in the information on the application for intellectual property rights registration, such as the subject of rights and interests, the source of the data, the frequency of updates, and the notarization of certificates, the application for modification of the registration shall be made through the registration platform in a timely manner.

In the event of a merger, division, or cancellation when the applicant is a unit, or in the event of death when the applicant is an individual, the entity that inherits its rights and obligations in accordance with law shall promptly apply for a change of registration through the registration platform.

The registration of modifications involving the transfer of data intellectual property rights shall be jointly applied for by both parties, and in any of the following circumstances, the application may be made unilaterally:

1. Inheritance or acceptance of bequests to obtain rights and interests.

2. The transfer of rights and interests in effective legal documents such as those of the people's courts, arbitration commissions, or effective decisions of the people's governments.

3. Other circumstances stipulated by laws and regulations.

Where the applicant uses data intellectual property rights through methods such as pledge or licensing, it shall apply for filing through the registration platform within 10 working days of the contract taking effect, and upload materials such as a copy of the relevant pledge or license contract and the identity certificate of the counterpart.

The registration platform is to review applications for registration of changes in data intellectual property rights, and where conditions are met, promptly change the registration and make a public announcement.

(13) Public inspection of registration information. Any unit or individual can check the data intellectual property information of the registered announcement through the registration platform. Registration platforms shall provide services such as retrieval for access to data intellectual property rights information, and platforms or institutions that provide data notarization and evidence preservation and credible technology preservation shall provide services such as data verification in accordance with law or in accordance with agreements.

5. Supervision and management

(14) Regulate registration conduct. No unit or individual may submit false materials or otherwise fraudulently obtain data intellectual property registration, and must not illegally copy, alter, resell, lease, or forge registration certificates. The departments for market regulation (intellectual property rights) shall strengthen oversight and management of data intellectual property rights registration efforts, and record information on illegal conduct in credit archives as provided.

(15) Strengthen departmental coordination. Broaden the application scenarios. Departments such as for development and reform, economy and information, commerce, market regulation (intellectual property rights), the People's Bank of China, and the China Banking and Insurance Regulatory Commission shall actively promote the use of registration certificates in efforts such as promoting the market-oriented allocation of data elements, the valorization of industrial data, and the cross-border circulation of data. Encourage the Zhejiang Free Trade Zone Pilot Zone and relevant financial institutions to actively carry out innovation in financial products related to data intellectual property rights, and jointly promote the use of data circulation and transactions.

Strengthen the protection of rights and interests. Departments such as for market regulation (intellectual property rights), procuratorates, and courts shall actively promote the use of registration certificates in administrative law enforcement and judicial trials, giving full play to the evidentiary effect of registration certificates, strengthening the protection of intellectual property rights in data, and truly protecting the lawful rights and interests of data handlers.

Deepen security governance. Departments such as for internet information, judicial administration, and public data shall strengthen oversight, management, and guidance of relevant blockchain and other data storage platforms, notary bodies, and units authorized to operate public data, to truly create a safe and credible market environment for data elements.

These Measures shall come into force on July 1, 2023, and shall be interpreted by the Provincial Market Supervision Bureau (Intellectual Property Office).

Source: Zhejiang Provincial Administration for Market Regulation