Supreme Court: Improve the Adjudication Rules for New Types of Cases Involving Online Infringement, Artificial Intelligence, Algorithms, and Unfair Competition Related to Data

The Supreme People's Court has released the "Sixth Five-Year Reform Outline of the People's Courts (2024-2028)." It mentions the need to improve the judicial protection mechanism for developing new types of productive forces. The main points include:

Strengthening judicial protection of intellectual property rights in key core technologies, important fields, and emerging industries.

Establishing and improving the trial and supervision guidance mechanism for major technological innovation cases.

Enhancing the connection mechanism between administrative law enforcement and judicial adjudication of intellectual property rights.

Improving the judicial protection system for data rights, including the establishment of adjudication rules for determining data property ownership, market transactions, rights distribution, and interest protection.

Improving adjudication rules for new types of cases involving online infringement, artificial intelligence, algorithms, and unfair competition related to data, and promoting the development of a comprehensive network governance system.

The outline also proposes to enhance the mechanism for the intelligent application of digital technology. It aims to deepen the expansion of judicial application scenarios for digital technology, strengthen technological independent innovation in the field of trials, and reinforce the application of technologies such as intelligent algorithms, large language models, and digital models. It seeks to fully leverage the role of artificial intelligence technology in assisting case handling, streamlining operations, managing risks, and facilitating litigation, thereby creating a safe, reliable, collaborative, efficient, and accessible judicial application system for digital technology. This system will drive reforms in trial processes, litigation rules, and judicial models through digitization and intelligence. Utilizing information technology and algorithmic models, it will establish a mechanism for data sampling and verification in case handling. It will strengthen the review, supervision, and risk assessment of artificial intelligence applications in the judiciary and establish ethical rules for technology applications that have guiding principles and demonstrative effects.