Patent Amendments ©(Part II of II)

The Greater China IP Updates ĄV February 2025

By Lyndon

Ą@

Shanghai Enhances Data IP Protection with New System

Altogether 158 data products have passed government review after Shanghai implemented a new set of regulations aimed at recognizing and protecting the intellectual property rights associated with data-driven innovations in December, 2024. 74 of these products have been successfully listed for trading on the Shanghai Data Exchange, with the first transaction involving US 13.7 million dollars in pledged financing. The Shanghai Intellectual Property Association (SIPA) and the Shanghai Municipal Data Bureau recently jointly issued the city’s interim measures for IP registration and evidence preservation of data products, which has marked the city’s latest progress regarding protecting the rights of IP regarding data products. The concept of IP of data products refers to the rights held by individuals, legal entities or non-legal entities over data resources that have been legally acquired and then processed and innovated upon to create intellectual assets with commercial value. It includes their rights over data processing collections, data processing products and data algorithms. Shanghai is not the only region in China following such initiatives, but it is the first one so far to include a substantive review of the IP attributes of data products to be registered in the areas of whether the data products involve substantive processing and intellectual innovations, and whether there is an application scenario. This will ensure that disputes over whether original data collection has IP rights can be avoided. This approach has attracted several enterprises hailing from elsewhere, seeking the authoritative certification provided by SIPA.

Ą@