The Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments was released by the US Department of Justice (DOJ), the National Institute of Standards and Technology (NIST), and the U.S. Patent & Trademark Office for public comments in December 2021. Its main content consists of two parts: a good-faith licensing negotiation framework and remedies for the infringement of standards-essential patents that are subject to a RAND or F/RAND licensing commitment. Based on the 2019 policy statement, this paper lists the key points of the 2021 draft policy statement in detail and comments on the draft content.
Dynamic competition has become a basic form of competition in digital economy, which is quite different from traditional economy in spatial level, subject boundary and time density of competition. The main reason is the comprehensive influence of factors such as technological innovation, business model innovation, and external resource support. Dynamic competition brings theoretical and practical impacts to anti-monopoly regulation in China. Several suggestions are proposed to cope with the existing predicament and further promote the healthy development of China’s digital economy, such as taking innovative environment building as the fundamental goal, adopting the anti-monopoly regulatory thinking, and carrying out structural adjustments.
In recent years, great progress has been made in the development of China’s electric power industry. In particular, many world-leading advanced technologies have emerged in the fields such as ultra-high voltage transmission and new energy power generation. However, there is still a gap between China and developed countries in the transformation, application and management of intellectual property rights to new technologies. This paper takes State Grid Corporation of China as the research object. Building a management platform for intellectual property transactions can help to standardize the transaction process of intangible assets such as intellectual property, reduce risks, and strengthen supervision. Further, the reform of intellectual property management in the power industry can be promoted and a good atmosphere to encourage innovation can be created.
Based on the relevant literature on terahertz technology published in the CNTXT database, this paper makes a quantitative analysis of the patent applications in the field of terahertz. Then, it introduces the annual publication quantity of patent applications, IPC, and technical fields of main applicants. Finally, it points out existing problems and gives some elementary suggestions according to the current competitive situation and development trend of the terahertz industry.
As the commercialization of scientific and technological achievements is included in assessments of state-owned enterprises, how to promote the commercialization of scientific and technological achievements, control risks in the process, and maintain and increase value of state assets has been more and more important. This paper summarizes boundary problems, valuation problems and risk problems in the commercialization process of scientific and technological achievements of state-owned enterprises in practice. Then, it proposes measures such as updating the system in compliance with the requirements, and carrying out reasonable and open valuation in adherence to the rules, so as to maintain and increase value of state assets.
With the rapid development of China’s economy and the continuous progress of digital technology, the illegal acts of infringing copyright in the digital environment are gradually increasing. Copyright infringement involves various types of works, including original written works, art works, video works, and online games. In copyright infringement cases, when it is necessary to determine whether the works are identical or substantially similar, identification is one of the most important means. This paper goes through the identification of related copyright infringement cases in the past two years, analyses the types of works involved in the cases, the evidence collection of the cases, identification content, and the main identification methods of various works, and puts forward suggestions.
Article 217(6) of Amendment (XI) to the Criminal Law of the People’s Republic of China recognizes that the direct circumvention behavior constitutes the crime of copyright infringement, but does not stipulate whether the indirect circumvention behavior entails criminal liability. According to the two-level analysis path, the indirect circumvention behavior should be subject to criminal regulations. From the perspective of the theory of two levels of crime constitution, the indirect circumvention behavior is illegal and should be subject to criminal regulations, which meets the constituent elements of the crime of helping information cybercrime. From the perspective of the elements of liability, it should be emphasized that the indirect circumvention behavior must be intentional, and negligence and neutral acts of assistance do not constitute a crime.
In recent years, the number of NPE patent litigation has increased rapidly, with more than 90% of patent litigation initiated in the United States. As the birthplace of NPEs, the United States has always fought at the forefront of regulating NPE patent operations and has important guiding significance for the construction of relevant systems in other countries. This paper analyzes the progress of relevant judicial typical cases in the United States. It clarifies that the United States regulates NPE activities from the aspects of regulating the licensing behavior of patentees and implementers, clarifying the standards for determining patent objects, reducing the choice of litigation venues, and optimizing intellectual property litigation procedures, which provides important reference for Chinese enterprises to respond to NPE intellectual property risks.
The “gatekeeper” system in the Digital Markets Act breaks through the restrictions of the previous EU antitrust rules, adopts the mode of ex-ante supervision, combines qualitative and quantitative standards, and sets a new path of antitrust analysis. Today’s “gatekeeper” system still has problems such as defects in quantitative standards, weak correlations between standards, and unsystematic obligation regulation. China should learn the “gatekeeper” system in the Digital Markets Act, strengthen the ex-ante supervision of platforms, combine qualitative and quantitative indexes, and update antitrust analysis rules.
The implantable brain-computer interface electrode is of great significance to the diagnosis, early warning and treatment of neurological diseases and brain science research. This paper reviews and studies the global technological development trend of implantable electrodes from the perspective of patents, and studies the latest technological solutions for the improvement of biocompatibility and signal quality. It also calls on the Chinese government to increase its investment in research and development in the field of implanted electrodes, and strengthen its attention to advanced manufacturing processes and material technologies, so as to accelerate the mature application of implanted electrodes and improve the patent layout.
Drivetrain bearings for wind power, as the key structural parts of the moving parts of wind turbines, determine the transmission efficiency and maintenance cost of wind turbines. Based on the current situation of drivetrain bearings, this paper analyzes the trend of patent application, the target country of patent distribution, the main applicant of patent and the branch of patent technology, and puts forward development suggestions.
When enterprises implement obligations stipulated in the Personal Information Protection Law of the People’s Republic of China, they encounter problems such as unclear regulations, and being unable to obtain compliance confirmation. In addition, the Personal Information Protection Law is not the only source of all the compliance obligations of enterprises for the protection of personal information. There are inconsistent requirements among different laws and regulations, which puts the enterprises in a compliance dilemma. Through the investigation of the implementation of the personal information protection rules, this paper sorts out the difficult issues encountered by the enterprises in the personal information protection compliance, and then analyzes the feasible path for the construction and the continuous improvement of the compliance system.
In 2022, China’s ICT industry has achieved remarkable development results, with steady growth in income scale, increasingly improved infrastructure, continued strengthening of technological industry and deepening of integration, which has become the key driving force to promote the rapid growth of the digital economy. At present, a new round of scientific and technological revolution and industrial transformation is unfolding, forming a historic convergence with the new journey of building a socialist modern country in China. The information and communication technology industry has ushered in unprecedented strategic opportunities and is expected to make new breakthroughs.
The quantum secure communication technology provides theoretical absolute security and has great development prospects in the fields of power and finance. Therefore, based on the research status of quantum secure communication technology at home and abroad, this paper introduces the basic composition of quantum secure communication network, explains the working principle of quantum key distribution, and applies the quantum secure communication technology from two aspects: quantum logic architecture and quantum physics architecture. In this paper, the quantum secure communication technology is applied to the electricity payment system of electric power companies. The test results of the electricity fee payment system find that the data flow of the payment system is an ESP quantum key encrypted message, and the electricity fee inquiry and payment functions are all normal. At the same time, the key rate of the quantum key distribution device is high, which can fully support the key amount of the electricity fee payment system. The application of quantum secure communication technology in the electricity fee payment system provides theoretically unbreakable data protection, which fully guarantees the security of power financial information.
Compared with the traditional image duplication detection technology, the photo homology detection technology can not only accurately identify the identical photo copies generated by copying, but also effectively detect the by-product files generated by intentional technical means. During the telephone real-name registration process, users’ on-site photos must be retained. There are many complex and diverse photos retained by telecom enterprises, and there are also violations of repeated use. Applying the photo homology detection technology to the telephone real-name system can provide strong evidence for telecom enterprises to investigate and deal with illegal card opening, and urge telecom enterprises to strengthen the management of telephone real-name registration, so as to reduce the occurrence of telecom fraud from the source.