Legislation in this area requires both prudence and the ability to make timely, scientific and reasonable judgments about emerging problems so as to advance the construction of laws and regulations.
On November 3, Procurator-General Ying Yong delivered a report on the procuratorial work regarding intellectual property rights to the 25th session of the Standing Committee of the 14th National People's Congress. The report recommended further establishing and improving legal systems for high technology and cutting-edge fields such as artificial intelligence and the digital economy, so as to provide clearer legal grounds for intellectual property enforcement and judicial work.
Intellectual property is a strategic resource for national development and a core element of international competitiveness, especially in cutting-edge and emerging fields. In recent years, the country has continuously accelerated its layout across institutional, service and judicial dimensions, stepping up intellectual property protection for new technologies and new business forms such as artificial intelligence, big data, biomedicine and new energy, and has achieved notable results.
Data from the above-mentioned Supreme People's Procuratorate report show that from January 2021 to September this year, procuratorial organs nationwide prosecuted a total of 24,000 people for crimes involving data security in fields such as artificial intelligence and e-commerce. Procuratorial organs at all levels have continuously strengthened communication and coordination with relevant law enforcement and judicial authorities, actively promoted the standardized construction of a two-way linkage mechanism between administrative and criminal enforcement, promoted the sharing of information and data, and enhanced the synergy of coordinated protection.
At the same time, "improving the intellectual property protection system for emerging fields" was written into the 2026 government work report and the outline of the 15th Five-Year Plan, becoming part of the top-level design for intellectual property protection, and subsequently strengthening legislation has become an inevitable process.
Intellectual property protection in cutting-edge and emerging fields is a key support for safeguarding the source of scientific and technological innovation, smoothing the chain of achievement transformation, and empowering the growth of new quality productive forces, and a sound legal and regulatory system is the "key support" of that "key support."
Although relevant departments have successively issued normative documents such as the Guidelines for Patent Applications Involving Artificial Intelligence, have carried out data intellectual property protection pilot programs in more than ten provinces and cities, and the Supreme People's Court has also issued opinions on the trial of cases involving artificial intelligence disputes, on the whole, improving the construction of the legal and regulatory system in cutting-edge and emerging fields remains an important legislative task currently facing the country.
On the one hand, improving the construction of the legal and regulatory system requires clarifying the key areas and key directions of regulation. In a broad sense, all original and disruptive scientific and technological innovations, all breakthroughs in key core technologies, and all intellectual property with the characteristics of future industrial development are key areas of protection. At the current stage, these are manifested in new technologies, new business forms and new models such as artificial intelligence, big data, biomedicine and new energy, and they will continue to expand as the situation develops in the future. Strengthening the construction of intellectual property protection systems in key areas is intended to provide a sound legal foundation for achieving a virtuous cycle of "protection-transformation-iteration." In other words, on the basis of good laws and sound governance, it is necessary to create a stable and predictable market environment, guide the concentration of innovation factors such as capital, technology and talent in cutting-edge and emerging fields, and, with intellectual property as the link, promote the deep integration of the innovation chain and the industrial chain, so as to realize mutual empowerment between technological iteration and industrial upgrading.
On the other hand, legislation should be advanced in a timely manner at a relatively fast pace on the basis of prudence. Because cutting-edge and emerging fields are characterized by rapid development, legislation requires both prudence, so as not to artificially create institutional obstacles, and timely scientific and reasonable judgments about emerging problems, so as to promptly advance the construction of laws and regulations. In terms of prudence, it is necessary to strengthen the construction of laws and regulations in a "small, fast and flexible" manner that is more precise in focus, more targeted, pragmatic and effective, to prevent premature rigid rules of "hard law" from stifling innovation, and to comply with the principled requirements of scientific foresight and grasping the future pulse of socioeconomic development in order to serve future development. In this regard, the introduction of the Guidelines for Patent Applications Involving Artificial Intelligence and the pilot data intellectual property protection programs carried out in more than ten provinces and cities are both accumulating experience for the future establishment of a comprehensive specialized law and the formation of a relatively complete and scientific legal system for intellectual property protection. In terms of appropriately accelerating the legislative process, there is no time to lose, and this is a process that requires comprehensive balancing.
During the 2025 session of the National People's Congress, a number of representatives put forward motions on formulating an artificial intelligence law, suggesting that legislation play a leading and driving role, that a comprehensive and systematic artificial intelligence law be formulated, and that the building of a strong country in the new era and Chinese-style modernization be advanced. This also includes intellectual property protection in the field of artificial intelligence.
In short, intellectual property protection in cutting-edge and emerging fields is an important task in advancing the building of an intellectual property powerhouse, and it is also a key fulcrum for serving high-level scientific and technological self-reliance and self-strengthening through the rule of law and for cultivating new quality productive forces. Whether acting prudently or advancing in a timely manner, it is necessary to adopt an all-round perspective, strengthen awareness of opportunities and risks, and accurately recognize changes, respond scientifically to changes, and proactively seek changes.
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