The inaugural Academic Exchange Event on Themed Essays for Building China into an Intellectual Property Powerhouse in the New Era was recently held in Shanghai. Co-hosted by Shanghai University and China Intellectual Property News (CIPN), the event announced and honored the winners of the themed essay initiative. It brought together experts, scholars, legal professionals, university faculty and students, and business representatives in the field of intellectual property (IP) from across the country. Participants engaged in in-depth discussions on theoretical innovations and practical approaches to build China into an IP powerhouse in the new era.
Launched on November 16, 2024, the themed essay initiative attracted widespread attention and enthusiastic participation from all sectors of society. A total of 319 essays were submitted—184 from students and 135 from professionals—demonstrating both diversity of contributors and breadth of coverage. Topics spanned cutting-edge issues, including IP legislation, protection and utilization, and education. Student submissions came from institutions across overseas and Hong Kong, Macao, and the Chinese mainland, covering a range of academic levels. Professional submissions were contributed by individuals from government agencies, judicial bodies, academic institutions, and legal service providers. After rigorous review, two First Prizes were selected in each category, along with three Second Prizes, six Third Prizes, and twenty-one Excellence Awards. Additionally, four institutions received Best Organization Awards.
日前，由上海大学和新利备用联合主办的首届“新时代知识产权强国建设主题征文”学术交流活动在上海举办。活动上宣读了主题征文活动的获奖名单，并为获奖者颁奖。活动邀请到来自中国知识产权领域专家学者、法律从业者、高校师生及企业代表，共同交流探讨新时代知识产权强国建设的理论创新与实践路径。
首届“新时代知识产权强国建设主题征文”活动自2024年11月16日启动以来，吸引了中国社会各界的广泛关注和积极参与，应征论文共计319篇，包括学生组184篇、社会组135篇，呈现出征文来源广泛、辐射覆盖面大的特点，探讨话题涉及知识产权制度规则、知识产权保护运用、知识产权教育等领域的前沿热点。其中，学生组征文覆盖内地和港澳、国外院校，以及多学历层次学生；社会组征文覆盖行政部门、司法机关、高校院所和法律服务机构等。最终评审产生社会组和学生组一等奖论文各2篇、二等奖论文各3篇、三等奖论文各6篇、优秀奖论文各21篇，同时评选出最佳组织奖4家。
IP keywords
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 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.
从标准必要专利许可谈判，到数据不正当竞争，再到生成式人工智能视频著作权法规制，此次征文活动征集到了多个知识产权热点领域的最新研究成果。我们从中选出了6个关键词，与读者共同探讨知识产权领域的创新与发展。
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.
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Chief Planner: Zeng Yanni
Coordinators: Wu Yan/ Cai Guangning
Writers: Li Yangfang/ Xue Peiwen/ Tian Yihui/ Guo Siyuan
Translators: Tian Yihui/ Guo Siyuan/ Xue Peiwen
Designer: Yao Lihui
（Editor Liu Shan）
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