Source: CNMO.
The recent food-delivery big-data price discrimination case drew wide attention. Without a legislative response, such practices might never be stopped. Now the Supreme People’s Court has stepped in.
On 29 October the Supreme People’s Court issued the Opinion on Strengthening Intellectual Property Adjudication in the New Era to Provide Strong Judicial Services and Guarantees for Building an Intellectual Property Power.
The opinion calls for strengthening judicial regulation of platform monopolies and severely punishing, according to law, platform practices such as forced “choose one of two” exclusivity and big-data price discrimination thatundermine fair competition and disturb market order.
It also requires stronger judicial protection of intellectual property in the internet field and new fields and business forms such as big data, artificial intelligence and gene technology; improved judicial rules for the IP protection of algorithms, business methods and AI outputs; and stronger adjudication and research of cases involving cloud data storage, open-source data, data rights confirmation, data trading, data services and unfair competition in data markets, to effectively safeguard data security. It calls for applying punitive damages according to law, increasing damages for IP infringement and the punishment of infringing conduct, and stopping infringement promptly and effectively.
In fact, legislation against big-data price discrimination was already decided. In August, the draft Personal Information Protection Law came out with targeted provisions against such practices.
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