Recently, the Guangzhou Intellectual Property Court officially published a selection of exemplary cases regarding judicial protection of 'data equity intellectual property rights' that were presided over by the court. This publication included six cases that address key issues at the heart of data equity protection, such as data ownership rules and various forms of data infringement, including improper acquisition, misuse, and obstruction of data. The goal is to explore data equity protection regulations, clearly delineate the behavioural boundaries of market entities, and foster the healthy and orderly development of the data industry through judicial practice.
Among these, the Llinks TMT Dispute Resolution Team's representation in two cases has been recognised (as Case Four and Case Five). These cases involve intricate aspects of data equity protection and demonstrate the team's commitment to upholding client rights and shaping industry norms.
The first case, involving the 'illegal provision of game currency and game account trading' (Case No. (2022) Yue 73 Civil Final 3597), navigates the complex terrain of protecting online virtual property rights. The court's decision, which not only issued an injunction against the defendant but also granted an award of 3 million yuan in damages to our client, establishes a legal precedent for the protection of virtual assets. This decision is instrumental in nurturing a conducive ecosystem for digital property rights, thereby bolstering the robust growth of the digital economy.
The second case, concerning an 'online store providing false real-name authentication services' (Case No. (2022) Yue 73 Civil Final 2619), is a pioneering unfair competition case in the realm of live streaming. It addresses the unethical practice of false real-name authentication by influencers. The court's ruling, which orders the closure of the implicated store on the platform, sets a vital standard for maintaining the integrity of the live streaming industry. This decision emphasises the importance of holding online intermediaries accountable for the services they facilitate, paving the way for a more supervised and reliable digital environment.
