Recently, the Supreme People's Court issued the "Opinions on Strengthening the Protection of Copyright and Copyright-related Rights" (hereinafter referred to as the "Opinions"). The "Opinions" pointed out that it is necessary to improve the rules of evidence for intellectual property litigation, allowing parties to save, fix and submit evidence through blockchain and other methods , effectively solving the problem of difficulty for intellectual property rights holders to provide evidence .
On November 11, the 23rd meeting of the Standing Committee of the 13th National People's Congress passed and announced the decision on amending the Copyright Law. The issuance of the "Opinions" of the Supreme Law aims to clarify the applicable rules of the law, advocate honest litigation, curb copyright infringement, and effectively strengthen copyright protection in the fields of literature, art and science.
The Supreme Law issues guidelines to further strengthen judicial protection of copyright
There are 10 articles in the "Opinions", including strengthening the protection of the rights and interests of creators, improving the quality and effectiveness of case trials, applying signature presumption rules, properly hearing new types of cases, destroying infringing copies and materials and tools, fully filling the rights holders’ losses, and accurately determining infringements. Specific provisions have been made on deliberate, guiding the parties to litigate in good faith and improving the punishment and accountability mechanism for dishonesty.
In terms of "vigorously improving the quality and effectiveness of case trials," the "Opinions" clearly pointed out: to promote the pilot work of the diversion of complicated and simple cases, and strive to shorten the trial period of typed cases involving copyright and copyright-related rights. Improve the evidence rules for intellectual property litigation, allowing parties to save, fix and submit evidence through blockchain and other methods, effectively solving the problem of difficulty for intellectual property rights holders to provide evidence . Support the parties’ behavior preservation, evidence preservation, and property preservation requests in accordance with the law, and comprehensively use a variety of civil liability methods, so that right holders can receive more comprehensive and adequate relief in civil cases.
This time, the Supreme Law was officially announced in the opinions on copyright protection, allowing parties to save, fix and submit evidence through blockchain and other methods. This is to reaffirm the important position of blockchain technology in intellectual property cases from the judicial level. Intellectual property cases have a positive effect.
Microcopyright uses blockchain technology to comprehensively deploy intellectual property protection
EBaoquan’s brand micro-copyright is a domestic blockchain information service filing enterprise of the National Cyberspace Administration of China. It pioneered the “blockchain + judicial + intellectual property protection” model for photography, design, animation, games, law firms, newspapers and other industries Provide one-stop services such as works confirmation, infringement monitoring, infringement analysis, network forensics, and agency rights protection .
In terms of work confirmation, Microcopyright uses the SHA-512 hash algorithm, time stamp service, and PBFT consensus algorithm to encrypt the original data to uniquely generate the deposit subject, deposit time, deposit process, and deposit content. The corresponding digital fingerprint is encrypted and stored on the blockchain, effectively guaranteeing the integrity and originality of the deposited data .
For works that need to be monitored for infringement, Microcopyright can provide 7*24 hours of infringement monitoring on the entire network , and automatically analyze and sort them, quickly locate the infringing subject , and output up to 40 items of content. Through "Picture Thumbnail Comparison" and "Text Palette Comparison" , the results of infringement can be clear at a glance.
After discovering infringement, Microcopyright can provide a full range of forensic services, including web page forensics, screenshots for evidence, video forensics and screen forensics, etc. The forensic data is synchronized to notary offices, Internet courts, arbitration committees, etc. in real time , and online Issue certificates such as notarization, notarization and custody letter .
In the proof link, users can conduct blockchain traceability inspections online through the official websites of the Notary Office, the Arbitration Commission, and the Capital Intellectual Property Association . They can also directly scan the QR code on the certificate to directly show the blockchain evidence to the judge in court. Evidence, even if the infringing party has already deleted the infringing content, it cannot be denied.
At present, micro-copyright has been selected as a typical case many times , and its blockchain evidence has been adopted by various well-known court officials . It has successfully served as the China Meteorological Administration, Capital Intellectual Property Service Association, Jiangsu Copyright Service Platform, and Tuba Tu, Wotu, Mrs. Jin, Youzu, Jintiancheng Law Firm and other industry users provide one-stop intellectual property protection services, making every work worth protecting.