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Scientific Research Achievements of Peking University Intellectual Property Institute

The College is committed to scientific research and innovation, and its main scientific research achievements include China Internet Technology Innovation Observation Report and Internet Enterprise Personal Information Protection Policy Sampling Evaluation Report. In the past decade, the Internet has gradually become a subversive force, creating many new concepts, products and lifestyles and changing the development of traditional industries. This report focuses on the technological innovation in the Internet field, searches and counts China patents in the main technical fields of the Internet, and makes a comparative analysis based on the market position of the patentee, so as to explore the significance and role of technological innovation in the development of the Internet industry.

Based on the statistics and analysis of data, combined with typical cases, this report summarizes the development of Internet technology in China as follows:

1. The speed of Internet patent technology update. The Internet industry has developed rapidly in technology and its products have been updated rapidly. Looking at the trend of 10 years, the renewal period of patented technology is about 3 years. From 20 10 to 20 13, the number of patents in various technical fields of the internet has increased rapidly. There are two main reasons: first, the awareness of intellectual property rights in enterprises has increased; The second is to implement the national patent application funding and incentive policy. 2. Overview of the patent layout of domestic and foreign enterprises in China From the perspective of the exclusive owner, the patent layout of foreign enterprises in the Internet field is earlier, mainly concentrated in the physical layer of the Internet, that is, the transmission technology field, involving many transmission standards of the Internet; The number of patents of domestic enterprises has increased rapidly in the past three years, mainly focusing on the innovation of software and product design. The number of China patents accumulated in the technical fields of instant messaging, social networking, mobile payment, online games, network security, search engines, etc. In the market, it can rival or even surpass foreign enterprises in the same field. In the future, Internet enterprises in China will occupy an increasingly important position in the global innovation pattern in the Internet field. However, in some emerging technology fields, such as cloud computing, multinational companies have shown strong cutting-edge technology research and development strength. 3. From the annual discontinuity of patent application trend chart, we can see the innovation status of domestic enterprises, and the sustainability of innovation strength of enterprises in China remains to be investigated. Large Internet companies don't just rely on continuous innovation to maintain and expand their market share. They usually cultivate a large-scale social network or communication platform user group and user stickiness, and use the platform traffic advantage to gain users' use and trust in other application software, thus gaining greater market share. 4. Challenges Faced by Internet Industry Innovation in China A considerable number of enterprises have intermittent patent accumulation, which shows that the planning and foresight of enterprise innovation are still lacking. The continuous enhancement of enterprise competitiveness also needs to be achieved through planned continuous innovation research and development and cooperative research and development. The innovation mode of Internet enterprises is mainly independent research and development, lacking collaborative innovation mode. It remains to be seen whether collaborative innovation will play a more important role in the development of Internet technology in the future. Insufficient collaborative innovation (similar to the competition mode of "arms race") usually leads to high R&D cost of the whole industry, which inhibits competition or vicious competition. In the field of cutting-edge technology, multinational companies have strong technical research and development strength, and consciously laid out patents in the field of cutting-edge technology very early. Although the research and development of cutting-edge technologies depends on each enterprise's development strategy, powerful enterprises should consider investing in cutting-edge technologies to accumulate market competitive capital with technological innovation advantages, which will help to build a good competitive order in China's Internet market. In 20 14, the college published the evaluation standard of personal information protection policy for internet enterprises 1.0, hoping to provide industry self-discipline guidance for domestic internet enterprises and do preliminary research for future legal norms.

After more than one year's observation and practice, the evaluation standard version 2.0 was completed in September of 20 15 through the gradual improvement of the version10. At the same time, according to version 2.0, the personal information protection policies of some Internet companies are sampled and analyzed, so as to promote enterprises to face the new challenges in the era of big data application and enhance their awareness and level of personal information protection. Purpose, object and scope of this evaluation report This report evaluates the transparency, integrity and user participation of these policies according to the evaluation criteria by sampling and analyzing the personal information protection policies in different service areas of the Internet. This report adopts quantitative means, and draws a conclusion through scoring system and horizontal comparison.

The appraisal object of this report is the personal information protection policy publicly stated and clearly recognized by Internet companies. For example, the personal information protection clauses in the service/license/use agreement signed by Internet companies and users, or the privacy policies published on the websites of Internet companies, are evaluated one by one according to the indicators specified in the evaluation standards. The evaluation standard index system of this evaluation report is divided into basic evaluation and additional evaluation.

There are three levels of basic assessment. The first level includes four categories, namely: personal information protection policy, processing cycle, user participation, security and maintenance.

The second-level basic evaluation includes 13 subcategory. Specifically, the personal information protection policy also includes the following four aspects: the form of personal information protection policy, the application of personal information protection policy, the change of personal information protection policy and the interpretation of personal information protection policy. The processing cycle further includes the following four aspects: collection, use, transfer and deletion. User participation further includes the following two aspects: user control and user complaints. Security maintenance further includes the following three aspects: technical means, information maintenance and cross-border data transmission.

The third-level basic evaluation includes 30 indicators.

For the three-level indicators, the evaluation team gives a score from zero to Samsung, with the lowest score of 0 and the highest score of 3. The basic meaning of each star is shown in the following table 1.

Table 1 The corresponding score of evaluation significance is sporadic: ☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆973 0 One Star: ★☆☆☆☆ The enterprise's personal information protection policy has stipulated the basic level of this matter. 1 2 star: ★★☆ The corporate personal information protection policy has advanced provisions on this matter, but it is not comprehensive. 2 Samsung: ★★★★★★ The corporate personal information protection policy comprehensively stipulates this matter, which is in line with or better than the legal obligation level. 3 In addition to the basic evaluation, an additional evaluation was made to comprehensively evaluate the overall effect, distinctive provisions and other special matters of the personal information protection policy, with a full score of 10.

The index system is divided into full marks with 100, in which the full marks of 30 evaluation indexes involved in basic evaluation are 90, and the full marks of additional evaluation are 10. The scores of each evaluation category are shown in Table 2.

Table 2 Number of indicators in the first-level classification and corresponding scores in the third-level classification (100 full marks) Personal information protection policy 8 24 processing cycle 12 36 user participation 5 15 security maintenance 5 15 additional evaluation10 evaluation coverage area, enterprises and related services. Service 1 platform Tencent Google Baidu Apple Microsoft 2 social car Didi No.1 special car Shenzhou special car easy to use Uber 6 Recruitment Street Zhilian Future Worry-Free LinkedIn 7 Marriage Jiayuan Lily Net Cherish 8 Cloud Storage Amazon Letv DropBox Baidu Cloud Tencent Wei Yun 9 Financial Alipay Jingdong Financial Micro Bank Federal Reserve Paypal 10 mailbox 163 mailbox (Netease). Yahoo Sohu Gmail Outlook Icould a Li Yun 1 1 Input Method Class sogou Input Method Iflytek 12 Browser Class IE Firefox UC Browser Cheetah Chrome Safari 13 Other Classes According to the evaluation results, among the 50 privacy policies evaluated, the top five Internet companies scored are shown in Table 4 below. As can be seen from the results, comprehensive third-party platforms (such as Microsoft, Google, Apple, Tencent, Baidu) rank higher than Internet services/products in sub-sectors; Early emergence of Internet products/services (e.g. e-mail, browsers, social networks, etc.). ) ranked higher than the late emergence of Internet products/services (taxi, travel, cloud disk, etc.). ).

Table 4 Total scores of the top five in the ranking list (regardless of category) Additional evaluation of users' participation in safety and maintenance in integrity processing cycle 1 Microsoft 821931kloc-0/5 982 LinkedIn 77 2030131403 Samsung 7/kloc