Research on the Draft of China's Personal Information Protection Law
Shou Bu, Dang Yujie (Law School, Shanghai Jiao Tong University)
Abstract: In China's Personal Information Protection Law (Draft), the definition of personal information needs to be revised, and it should be stipulated as "personal information is any kind of information that can identify a living natural person alone or combined with other information, excluding which has been processed via the anonymization". Furthermore, a new clause as a supplement should be added in order to reflect the legislative idea of "identification" + "relevance". The listed operation items of personal information processing should be modified from seven items to eleven items, then that will be: collection, storage, processing, using, transaction, providing, disclosure, consultation, copy, correction and erasure. There is a contradiction between Article 69 and the Clause 2 of Article 24, detailed as: the terms "impossible to identify" and "unable to be recovered" which is mentioned in the definition of anonymization in Article 69, contradicts with the term "re-identify" referred in the Clause 2 of Article 24, and this contradiction should be resolved.
Key words: personal information protection; personal information; personal information processing; anonymization
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The Protection of Personal Information Right in Public Health Emergency: on the Background of Novel Coronavirus Pneumonia Epidemic Situation
Zilimila Ainiwaer (Intellectual Property Research Center, Zhongnan University of Economics and Law)
Abstract: In response to public health emergencies, tracking detection, collection and analysis of a large number of personal health information and mobile information is for the safety of the majority of the public, is the embodiment of the means of public management. It can achieve the purpose of effective prevention and control of infectious diseases, but illegal use of personal information may lead to the leakage of said information, also the interests of the parties concerned will be damaged. This paper analyzes the legal basis of protection of personal information under public health emergencies, combines the extraterritorial practice of personal information protection exemption under public health emergencies, and points out that there are some issues in the protection of personal information under public health emergencies in China, such as lack of special legislation and lack of specific rules of protection of personal information in the public health emergencies. The protection of personal information in public health emergencies in China should speed up the special legislation of personal information protection, standardize the rules of personal information utilization after public health emergencies, and establish the principles of legality, purpose limitation, minimum scope and confidentiality to further standardize the personal information utilization behavior of subject.
Key words: public health emergencies; personal information protection; public interest; personal information protection law
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Study on Copyright Protection of the Sports Event Programs
Sun Yurong (Law Department, Beijing University of Technology）;
Li Xinhang (Law School, University of International Business and Economics)
Abstract: After the latest revision of the Copyright Law in 2020, the debate on the nature of live-streamed sports video is still continuing. On the basis of clarifying the basic concepts of sports events, sports event programs and live-streamed sports video, we can draw a conclusion that although the sports event itself is not a work in the sense of copyright law, it does not affect the copyright attribute of the live-streamed sports video. The identification of the attributes of the live-streamed sports video will affect the protection mode and path selection of sports events. From the perspective of the protection of sports event programs and the healthy development of sports and communication industry, we should halt the dispute on the attribute of live-streamed sports video, and reach a consensus on the protection mode and path selection of sports events programs as soon as possible, so as to promote the healthy and orderly development of the industry. After June 1, 2021, the copyrightable sports event programs can be identified as audiovisual works. For sports event programs that do not meet the requirement of the work, we can consider using the newly revised broadcasting organization's right of the Copyright Law (2020) to protect them. As for the protection mode of anti-unfair competition for sports event programs, it is an expedient measure before the Copyright Law is amended in 2020. The limit of anti-unfair competition extension protection should be clear, and the extended protection of Anti-unfair Competition Law cannot be applied to all intellectual property fields indefinitely.
Value Examination and Risk Regulation of the Technical Secrets Protection of Traditional Chinese Medicine
Bian Xianyin, Wang Jinjin(Intellectual Property Research Institute, University of Science and Technology of China)
Abstract: The Intellectual Property (IP) rights system protecting modern medicine is based on western science and technology, with western medicine as the main object of protection, and patent protection as the core means. This patent protection system does not fit the theoretical system of traditional Chinese medicine (TCM), so when dealing with the protection of TCM IP rights, problems arise if TCM rights holders rely on that patent system. In contrast, the protection of technical secrets, which has been behind the patent system for a long time, can effectively make up for the insufficiency of the traditional IP protection system with patents as the core. Such protection has become the new normal in the protection of TCM property rights. However, the protection of technical secrets also has inherent shortcomings and conflicts with the information disclosure system involving the public interest of the society, so it faces difficulties in realizing the protection of TCM technical secrets. This article reviews the unique value of the protection of technical secrets in the field of TCM IP rights protection, seeking solutions for the dilemma of TCM technical secret protection, and providing ideas for constructing and perfecting TCM technical secret protection from a legal perspective.