The mapping of data elements in new industries is currently highly dependent on commercial practices in a particular technological context.Taking data collection as an example,the stage of technological development determines the variability of the distribution of rights and interests,so the state of technological development determines that technical standards such as the ROBOTS protocol should not become a commercial practice for monopolising data resources.The essence of enterprise data resources is computable information,holding information is not the same as enjoying the right of exclusion,and the right to hold enterprise data resources should be limited to the right of self-use as agreed in the data access contract.In order to promote competition in the new business of digital economy,the principle of freedom of information should be implemented.The public raw data in enterprise data resources should not be included in the scope of protection,public works or personal information already have the basis of the right to claim,and the unpublished raw data can be protected by trade secrets.Only commercial data products formed after data processing,which essentially provide dynamic data services,can meet the new object criteria of data intellectual property rights.
关键词
数据获取/商事惯例/商业数据资源/商业秘密/商业数据产品
Key words
Access to Data/Commercial Practices/Enterprise Data Resources/Trade Secrets/Commercial Data Products
维普
万方数据