Filed under data-assets
Every brief tagged "data-assets".
- § 01 · TRADE-SECRETS
When You Cannot Compare the Code: The SPC's RMB 166 Million Centrifuge Case and How to Prove Data Misappropriation Without the Defendant's Data
AnJie Broad partner Li Yanying reads (2022)最高法知民终1592号, the 'centrifuge case' — selected as one of the SPC's 2025 typical anti-unfair-competition cases on 8 September 2025 — for what it teaches about the burden of proof when the misappropriated asset is data. The plaintiffs never obtained the defendants' software or dataset, never decompiled anything, and never ran a substantial-similarity comparison. Instead they exploited the input-output character of software: enter the claimed impeller basic-stage data into their own program along with performance figures taken from the defendants' published product literature, and the output matched. Under AUCL Article 39(2)(i) that was enough to shift the burden, and the defendants' refusal to permit on-site inspection or produce design files converted into an adverse inference. DCC adds the correction the commentary omits: the SPC did not protect the software as a trade secret at all — the plaintiffs failed to delimit its secret points, so it was rejected on the not-generally-known element, and only the dataset was protected. The software was the measuring instrument, not the asset. For overseas counsel holding datasets in China, this is the enforcement route that actually carries damages, and the case is a lesson in how to delimit a claim before you file.
- § 02 · DATA-ASSETS
Two Registrations, One Word: China's New Data-Asset Standards and the Line Between 登记 and 登记
On 2 July 2026 China issued two national standards for data as an asset — GB/T 47949-2026 (classification and codes) and GB/T 47950-2026 (registration guidance) — both effective 1 September 2026. They give data assets a fixed place in the asset-classification code system (block A0806020000, including a first-ever asset code for AI-training multimodal data measured in tokens) and a step-by-step model for putting data on an organization's own books. The trap for overseas counsel is the word 登记 (registration): these MOF/SAC standards register data as an asset internally, while the National Data Administration's Data Property Rights Registration Work Guide (Trial), finalized 1 July 2026, registers rights in data externally through a certificated institution. Same word, two regimes, two artifacts, two purposes. This DCC brief separates them, reads the two standards for what they require, and explains why the 入表 (balance-sheet entry) vs 确权 (rights confirmation) distinction keeps tripping up data-asset deals.
- § 03 · DATA-PROPERTY-RIGHTS
China's Data Property Rights Registration Guide Is Final: The Draft-to-Trial Diff
On 1 July 2026, the National Data Administration issued the Data Property Rights Registration Work Guide (Trial), converting its April 2026 consultation draft into China's first national framework for registering the Right to Hold Data, Right to Use Data and Right to Operate Data. The final text keeps the same six-chapter, 42-article structure, but the diff is not cosmetic: security and public-interest gates are stronger; derived data is now defined; the national infrastructure shifts from a service platform to a service system; registrars face tighter qualification, disclosure, annual-evaluation, change-reporting and exit rules; public-data registration is softened from mandatory to conditional/voluntary wording; unclear contractual entitlement receives a cure path; evidence preservation, not certificate issuance, now starts the validity period; and certificate use is sharpened for data-asset balance-sheet entry, financing guarantees and valuation-based equity contribution.