Research On Digital Intellectual Property Rights Rules In China’s Free Trade Agreements

With the progress of digital technology,a large number of new objects of intellectual property rights have been born in new industries and new modes.Digital trade has put forward new challenges for intellectual property protection,since free trade agreements need time for coordination and negotiation,the relevant rules often have a certain lag,and the frontier issues of digital intellectual property rights are less involved in the existing FTAs.Although the connotation and extension of digital intellectual property rights evolve with technological changes,there are always several key provisions: digital content copyright protection,technology protection measures,temporary injunction system in digital environment enforcement and source code mandatory disclosure issues.The development of digital IPR in China’s FTA is relatively late,but the degree of IPR protection in China’s digital environment has gradually increased in recent years.But there are still many issues that need to be resolved in practice,such as that the application of the "safe harbor rule" can no longer meet the current trade needs and may need to introduce "upload filter ".At the present stage,two major templates of digital intellectual property rules have been gradually formed,namely,the two templates of FTAs dominated by the EU and the US.In this context,the paper uses a comparative research method to review the digital intellectual property rules in the FTAs involved in Europe and the US.In the specific digital intellectual property rules,the interests and values of economies are different.The US focuses on technical aspects such as mandatory disclosure of software source code and algorithms,and is cautious and not easily changing the "safe harbor rule" in the infringement liability of ISPs.The EU,on the other hand,puts more emphasis on digital content copyright,especially the "upload filtering obligation" in the liability provisions of ISPs,which imposes a higher duty of care on ISPs and introduces platform liability from the original secondary liability to the era of primary liability.However,the above rules may be not necessarily applicable to China.The paper needs to analyze the applicability of key provisions in major FTAs such as digital copyright,technical measures,temporary injunction and source code.On this basis,China should make appropriate choices and propose Chinese solutions when formulating digital IPR rules in the participating FTAs,taking into account its own needs and balancing its interests at the same time.So that it can better use network technology to protect intellectual property rights and stimulate innovation in related technology industries in the era of digital economy.China’s digital economy has become an important driving force for the country’s economic transformation and upgrading.The establishment of a sound digital IPR regime is conducive to escorting the sustainable development of the digital economy.In the complex and ever-changing international community,proposing digital IPR provisions in foreign treaties or agreements that are basically consistent with the standards of China’s domestic law and in line with specific national conditions is not only conducive to the development of the digital economy,but also conducive to enhancing China’s international discourse,helping China participate in the global governance of IPR,enhancing the international influence of China’s IPR,and safeguarding China’s national economic.This will further...