The evening of May 11th，Hosted by bet365 app、The ninth session of the "bet365 app Intellectual Property Forum" hosted by Shandong Copyright Teaching and Research Base was successfully held in the North Building of Huagangyuan。Professor of Law School of Renmin University of China、Liu Kongzhong, part-time professor of Shandong University, gave a wonderful academic report titled "Regulation of Data and Algorithms"。Hosted by Liu Jianchen, assistant researcher at the Law School，Associate Researcher Song Baozhen、Assistant Researcher Fu Aizhu participated in this lecture as a speaker。

Liu Kongzhong started his discussion with "data and algorithms are the two pillars of the data-driven economy" as the starting point，Detailed description from three aspects: "the connotation of data", "algorithm and its challenges" and "international governance of algorithm audit"。Bet365 sportsbook review，Liu Kongzhong recognizes the EU’s definition of data in the European Data Governance Act (No. 2022/868)。He believes that different types of data have different functions and legal issues，Different legal regulatory strategies should be formulated according to their classification。He agrees with Professor Reto Hilty’s way of classifying data，i.e. dividing data into purely technical or factual attributes、Person-related data and personally identifiable data (“personenbeziehbar” data)。Specifically，"Purely technical or factual data" can be further divided into the following three types: The first type is copyright protected data；The second category is data generated specifically to achieve a certain goal or purpose，This kind of data generally does not meet the requirements for copyright protection，Should be protected by other laws；The third category is big data，i.e. via network user、Data generated by network platforms or devices that are not protected by copyright or neighboring rights。Copyrighted data is divided into data from private sources and data from the public sector，For the former，Liu Kongzhong pointed out that the most common tool for accessing and using copyrighted data is through text and data mining (TDM)，And introduces the United States here、EU、Different protection models in Japan and the UK，And advocates the adoption of a compulsory licensing regulatory strategy for data use in the context of TDM。For data from the public sector，The EU Data Governance Act 2022 sets out the conditions for the re-use of protected data held by the public sector within the EU，The Organization for Economic Co-operation and Development (OECD) put forward a bolder suggestion - "Exercise copyright in a way that facilitates re-use"，Such as giving up the exercise of copyright and establishing a corresponding promotion mechanism for giving up the exercise of copyright。Liu Kongzhong said that Europe and other jurisdictions can follow the recommendations of the Organization for Economic Co-operation and Development，Promote the broadest possible cross-border reuse of data from the public sector。He further argued that when “data generated to achieve a goal or purpose” is critical，Compulsory licensing can be used as a last resort。In terms of big data acquisition，Liu Kongzhong recognized the EU’s approach of ex-ante control through specific departments，He emphasized that it is not appropriate to solve the problem of big data protection through antitrust law，Big data should be used by the public as much as possible，Sharing data is beneficial to society。Secondly，In the section "Algorithms" and their challenges，Liu Kongzhong focused on the issue of "how to audit algorithms"。He pointed out that algorithm audit is to ensure the legitimacy of the algorithm、Safety and Ethics，As for how to audit, you need to follow the following six principles: Choose the appropriate audit object、Imposing asymmetric audit obligations、Algorithm deployers and operators have the obligation to disclose and explain、Follow the principle of proportionality、Audits must be conducted independently and professionally、Deployers and operators of algorithms must exercise reasonable caution。Finally, on the international governance of algorithms and auditing，Liu Kongzhong innovatively proposed that we can work hard to reach a new "World Algorithm Treaty (WAT)" under the WTO e-commerce negotiation framework。WAT will establish principles and framework for international governance of algorithms and their auditing。At the same time，Mentioned by Liu Kongzhong，On the governance and protection of data and algorithms，China should cooperate with the EU with an open and inclusive attitude，Jointly promote the establishment of a new world trade order，Promote the development of data economy。

Conversation session,Liu JianchenA high-level summary of the lecture content，I think this lecture has a broad vision、Huge structure、Rich connotations。Song BaozhenExpress your own opinions，He believes that the commonality of all copyright-protected data is that it is “related to technology”，There is overlap and confusion between copyright-protected data and “big data”，The protection for these two is dynamically flowing。At the same time，Song Baozhen asked Liu Kongzhong, an international scholar, about the accelerated aging faced by China in the process of promoting digitalization、How concerned are you about the reality of the demographic dividend gradually dissipating?。Fu AizhuFrom the perspective of legal research methods，I think Liu Kongzhong’s lectures are derived from the basic goals and basic means，Conducted highly unified and systematic research，Provides aesthetically pleasing theoretical conclusions。When he mentioned engaging in theoretical research，The real world needs to be simplified first to form conclusions，Put this theory back into the real world。But there may be more problems in the real world、Load other targets，So how this theory should be adapted to respond to the real world deserves further consideration。Liu Kongzhong responded to the questions raised by the interlocutors one by one and made a summary。

Question session，Students asked Liu Kongzhong for advice when there are many variables in the research field，How to conduct research，And the question of whether the scope of application of TDM technology should be restricted，Liu Kongzhong’s response to the above issues，Answer。

Speaker’s introduction:Liu Kongzhong，Professor of Law School of Renmin University of China、Doctoral Supervisor，Part-time Chair Professor of Shandong University，National Overseas High-level Expert。Graduated from the University of Munich, Germany，Received a doctorate in law。Research expertise is intellectual property law、Competition and Telecommunications Law。14 Chinese books published，16 English books；Has published more than 100 papers in core Chinese journals，16 papers published in English journals such as SSCI。In recent years, we have been committed to integrating and promoting research in the field of Asian intellectual property law，And has been patented around major Asian economies、Copyright、Published 4 English books and 1 English monograph on topics such as trademarks and trade secrets。

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