In November 2022, the National Development and Reform Commission's report on the development of the digital economy pointed out that China's digital economy has made remarkable achievements in the past decade, ranking second in the world in terms of overall size for many years in a row. However, our digital economy still has great but not strong, fast and not excellent problems. The governance system of the digital economy needs to be improved, the governance mechanism of inter-departmental coordination and multi-party participation needs to be improved, and the governance capacity needs to be continuously improved.

Next, how to improve the governance system of digital economy, promote the healthy and sustainable development of digital economy norms, and provide strong support for the high-quality development of our economy? The construction of digital economy is the focus of attention of the deputies and members of the National Two Sessions in 2023.

PI Jianlong, a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and director of Beijing Jintai Law Firm, has been concerned about the development of the digital economy for many years. During this year's two sessions, he put forward proposals to speed up the special legislation on the protection of online virtual property and build a legal protection system for data intellectual property.

It is suggested that local governments should take the lead in formulating local laws and regulations of network virtual property protection with local characteristics

In the view of PI Stegosaurus, digitization of assets is the inevitable choice to develop a new digital economy. The third generation of the Internet (Web3.0) lists data and virtual property (digital assets) as important support, and believes that the next generation of the Internet will be a value network, and blockchain, smart contract, prophecy machine, metauniverse, artificial intelligence and other technologies are important technologies of asset digitization.

He pointed out that virtual property with Chinese characteristics is non-financial, does not touch the currency, is not a financial product, but similar to the digital commodity. Such online virtual property can be mapped to physical assets, and there can be corresponding physical assets in physical space. These physical assets are goods (e.g. wine, tea, food, art, tickets), and not necessarily pure virtual assets. China's virtual property pays more attention to physical assets, does not touch currency or finance, and helps the real industry, including thousands of businesses.

PI Jianlong believes that speeding up the special legislation of network virtual property protection is not only the need to strengthen national competitiveness, but also the need to protect the rights and interests of the people, and also the need to strengthen supervision.

"At present, the research on the concept category, protection scope, right attribute, right and obligation content of network virtual property has been more in-depth, and the conditions for special legislation on network virtual property protection have been basically mature." "He pointed out.

Specifically, PI suggested that laws, administrative regulations, judicial interpretations and departmental rules could be adopted to clarify the definition and scope of online virtual property and clearly define the legal status of relevant subjects in the field of online virtual property. It is suggested that the National People's Congress incorporate the Cyber Virtual Property Protection Law into the legislative plan as soon as possible and start the relevant legislative process. Before the official promulgation of this law, it is suggested that The State Council draft the Regulations on the Protection of Online Virtual Property, and the Supreme People's Court and the Supreme People's Procuratorate draft and issue judicial interpretations on the protection of online virtual property. The Cyberspace Administration, the China Banking and Insurance Regulatory Commission, the head Office of the People's Bank of China, the China Securities Regulatory Commission and other ministries and commissions have drafted and issued a series of relevant regulations on the registration, right confirmation and transaction of online virtual property.

In addition, encourage local "first trial", take the lead in formulating local laws and regulations of network virtual property protection with local characteristics; Formulate the technical standards of network virtual property and standardize the business and behavior of network virtual property; Establish network virtual property damage compensation mechanism; Establish the network virtual property hosting center and certification center, establish the purchase of domestic network virtual property guarantee mechanism.

Formulate special laws and regulations for data intellectual property protection to determine the scope of protection

With the development of data economy, the role of data elements is increasingly prominent, and the protection of data intellectual property rights is gradually paid attention to.

According to PI, data itself is not protected by intellectual property law, but content generated after technological development or intellectual creation can be included in the scope of intellectual property protection. For example, data information as a trade secret, computer programs as database software, and big data analysis methods. In general, as long as the data controllers put in enough effort to form valuable intellectual achievements that reflect human innovation, the future protection of intellectual property rights is likely.

He pointed out that there are still many problems in the protection of data intellectual property. First, the data intellectual property protection system lacks overall design, the management mechanism is not perfect, and the unified data intellectual property protection rules system has not been established. Second, data intellectual property protection is lack of special legal norms. "The protection of intellectual property rights of data is more from the compilation works in the copyright law, requiring the intellectual property rights of data to be protected to be" original ", but does not involve the data itself, the protection of data itself is mainly based on the Civil Code and the Law Against Unfair Competition, such a protection idea has fallen behind the needs of the data era. "He said.

In response, he further pointed out that the establishment of a legal protection system for data intellectual property rights should be accelerated.

First, improve data intellectual property laws and regulations. One is to formulate special laws and regulations on data intellectual property protection, determine the scope of protection of data intellectual property through special legislation, define the relationship between the data intellectual property applied for registration and the property owner, protect the property rights of the data intellectual property owner and make up for the economic losses of the intellectual property owner. Moreover, the development space of intellectual property derivatives in the era of big data should be given in combination with the development needs of science and technology. The second is to improve the current copyright law protection system, explore the massive data information into the object of copyright law protection. Third, we will make good use of the Patent Law and Trademark Law to protect other links. The technical schemes and methods formed in the process of data collection and processing, as well as the data intellectual property rights such as applying for registered trademarks for the data with high economic value.

Secondly, improve the administrative protection mechanism of data intellectual property. The administrative protection measures of data intellectual property should be perfected to make the protection of different types of intellectual property more targeted; It is also necessary to expand the scope of administrative law enforcement of data intellectual property and reduce the occurrence of infringement of data intellectual property.

In addition, the establishment of data intellectual property monitoring platform, increase infringement penalties.

In addition, international cooperation on data intellectual property rights should be strengthened. Establish a legal aid system for overseas data intellectual property, support and help domestic enterprises to protect their rights overseas, and focus on building an enterprise independent innovation intellectual property protection system; China has promoted the establishment of an international cooperation and coordination mechanism on data intellectual property, actively participated in law enforcement exchange activities of international organizations, and actively explored mechanisms for strengthening dialogue and cooperation in the field of data intellectual property.