On May 28, 2020, the "Civil Code of the People's Republic of China" was voted and passed at the Third Session of the 13th National People's Congress. China ushered in the era of civil code. On September 26, 2020, under the guidance of the Shanghai Law Society, hosted by the Intellectual Property Society of Shanghai Law Society, and undertaken by the Shanghai International College of Intellectual Property of Tongji University, the "Intellectual Property Society of Shanghai Law Society 2020 Annual Conference and The Intellectual Property Legislation and Judicial Seminar of the Civil Code Era" was held in Tongji University. Mr. Cui Yadong, the Chairman of Shanghai Law Society, Mr. Zhang Bin, the Vice President of Shanghai High People's Court, Mr. Shi Weidong, the Vice President of Shanghai Law Society, Prof. Song Xiaoting, the chairman of the College Council, Prof. Shan Xiaoguang, the dean of the Shanghai International College of Intellectual Property of Tongji University, and all members of the Intellectual Property Society of Shanghai Law Society, came to the Conference. More than one hundred intellectual property experts, scholars, and practitioners participated in this seminar. The opening ceremony was presided over by Zhu Dan, President of the People's Court of Chongming District, Shanghai.

Mr. Cui Yadong, the President of the Shanghai Law Society, pointed out that the intellectual property Law Society is an important part of the 53 studies of Shanghai Law Society. He hoped that the intellectual property Law Society would aim to lead and prosper the study of intellectual property and provide Shanghai programs for China and the world. Additionally, he put forward four hopes for the newly established Law Council: adhere to the leadership of the party, focus on national strategy and central work, accurately grasp the pulse of the times, and strengthen the team's own building.

Mr. Shi Weidong, the full-time Vice President of Shanghai Law Society, pointed out at the 2020 annual meeting of Shanghai Law Society Intellectual Property Law Society that the new intellectual property Law Society was established under the new international background and hoped to play an important role in scientific research and talent training in keeping with the major goals of Shanghai's development.

Mr. Zhang Bin, the Vice President of the Shanghai High People's Court, introduced the current situation of the trial of intellectual property cases in the Shanghai High People's Court, telling us the court's attitude and effectiveness in judicial protection of intellectual property rights. The Shanghai High People's Court aims to build a high level of intellectual property trial court, making use of its professionalism, authority, and influence to provide constructive opinions on the judicial and enforcement of intellectual property rights.

Mr. Zhu Dan, the new President of Intellectual property Law Society of Shanghai Law Society and President of Chongming District People's Court of Shanghai, on behalf of all the directors of the new society, expounded the research work and specific ideas in the future, hoping to get better results under the leadership of Shanghai Law Society.

Prof. Shan Xiaoguang, the Dean of Shanghai International College of Intellectual Property of Tongji University, congratulated the new council of Shanghai Law Society coming to the formal operation, hoping that the intellectual property community of Shanghai can play a synergistic role in Shanghai's intellectual property work.

Prof. Song Xiaoting, the chairman of the College Council, welcomes the seminar on Legislation and Justice of Intellectual Property in Tongji University and hopes that with the support of the National Intellectual Property Administration, Shanghai Municipal Government, Shanghai Law Society, and other colleagues, the college is committed to cultivating compound intellectual property talents with an international vision, proficiency in law and familiarity with technology.

"Seminar on Intellectual Property Legislation and Judicature in the Era of Civil Code" is divided into two stages: copyright law and patent law.

In the first stage, some difficult issues concerning the legislation and judicature of copyright law. Presided over by Prof. Xu Chunming, the dean of Intellectual Property College of Shanghai University, and reviewed by Prof. Song Xiaoting, the Professor of Shanghai International College of Intellectual Property of Tongji University.

Prof. Wang Qian, the Deputy Director of the Academic Committee of East China University of Political Science and Law, made a speech on several issues concerning the rights of broadcasting organization in the revision of the Copyright Law, clearly clarified the meanings of the subject and object of the rights of the broadcasting organization, and discussed the expansion of broadcasting rights and the cross-cutting issues between broadcasting rights and internet dissemination right.

Prof. Cui Guobin, the Deputy Dean of the Law School of Tsinghua University, pointed out the problem in protecting the content and images of the audiovisual works. He discussed the ways to protect the content and images of the audiovisual works from the perspectives of national legislation and Chinese practice and proposed to use the dichotomy of content and images to deal with the copyright issues of audiovisual works in practice.

Mr. Yang Hong, the Associate Professor of the Shanghai International College of Intellectual Property, combined with the thinking of video recordings, discussed the protection methods of live sports events and put forward that the originality in the meaning of copyright law and the definition of works shall have standards and bottom lines. The consideration of the purpose and method of creation shall be used to judge whether video recordings can be protected by copyright law.

Mr. Yuan Zhenfu, the Deputy Dean of the School of Intellectual Property, Shanghai University, discussed the issue of the fair use of user-created content and put forward that the three-step test can be used to consider whether user-created content can be included in the framework of fair use. Prof. Yuan proposed that in non-commercial situations, the judicial practice can adopt an appropriate and loose attitude.

 Mr. Xu Jun，the presiding judge of the Intellectual Property Division of the People’s Court of Pudong New Area, from the perspective of judicial practice, discussed the issue of the provisions on broadcasting organization rights in the draft amendment of the Copyright Law, proposing that legislation should combine the balance of interests and practical benefits. He pointed out that broadcasting organizations should be given the right of communication through information network, and at the same time, the scope of rights still needs to be carefully considered.

In the second stage, several difficult issues concerning the legislation and judicature of the Patent Law. Presided by Prof. Wang Qian from East China University of Political Science and Law, and commented by Prof. Xu Chunming from Shanghai University.

Prof. Mao Hao, the Director of the Intellectual Property Big Data Laboratory of Tongji University, analyzed the necessity and feasibility of introducing "economic evidence" in the revision of the patent law and pointed out that the law revision in the process of patent legislation should use interdisciplinary analysis methods, from the single factor and single direction of thinking to the system of comprehensive thinking.

Prof. Deng Hongguang, the Deputy Director of the Chongqing Intellectual Property Collaborative Innovation Center of Southwest University of Political Science and Law, spoke on the feasibility of patent punitive damages, explaining how to use patent punitive damages in practice, and analyzing how to deal with the patent infringement and other frontier issues such as identifying intention and how to coordinate proportions in punitive damages.

Ms. Wang Jing, the Presiding Judge of the Intellectual Property Division of the Shanghai High People’s Court, from the perspective of trial practice, analyzed the deficiencies in the second review draft of the Patent Law，talking about the patentability of partial industrial designs and the necessity of extending the protection period of industrial designs.

Mr. Li Wenhong, the Director of the Shanghai Branch of Beijing Unitalen Law Office，showed the legal application dilemma in patent infringements of software through a "hotel reservation function router" case, and proposed to add "implementation behavior" to the patent law legislation as an infringement behavior.

Mr. Shang Jiangang, the Judge of the Shanghai Intellectual Property Court, discussed the issue of the judicial determination standard for the attribution of service inventions. From the perspective of determining the key elements of service inventions, he clarified the connotations of the unit’s tasks, job duties, material and technical conditions, etc. He also discussed the issue of "legality" and "contractuality" of service inventions.

Finally, Mr. Xu Chunming, the Dean of the School of Intellectual Property, Shanghai University, summed up the importance of scientific legislation in the review. Mr. Shan Xiaoguang, the Dean of Shanghai International College of Intellectual Property of Tongji University, congratulated the new council of Shanghai Law Society coming to the formal operation.