NPC Releases Updated Civil Law

On July 5, the National People's Congress(NPC) released the General Principles of Civil Law (民法总则) (draft for comment), open through August 5. The Civil Law originally took effect in 1986 and was revised in 1999. As one of the most important fundamental laws, it will influence every aspect of future contracts, properties, legal entities, debts, adoptions& marriages, IPR, and period of litigation.

     The main takeaways for the ICT industry are:

1. IPR scope
    For the first time, "Data Information (数据信息)" is listed as one of the IPR objects, together with seven others, including "work, patents, trademarks" ect. (see Article 108). More regulations will emerge later in big data, cloud computing, ISP, ect.

2. Privacy Rights of Person
    In Article 100, natural persons are entitled a series of rights including privacy right, which will open a discussion around the protection of privacy both on and offline. The ICT industry could expect more regulations on privacy protection in e-commerce, big data trading, cloud service, ISP operation, ect.

3. Virtual Property
    Article 104 of this draft illustrates that "Property includes movable and immovable property. Law could rule that specified rights or internet virtual property is a subject of property".  This article will start a new era of property rights concerning virtual property online. Virtual currency, big data, and game points could be the object of property if later laws rule so.