The derivative data products have the characteristics of non-materiality,innovation,relationship,and commerciality.According to Hohfeld's theory of rights,data intellectual property rights refer to the general term of claim-right,privilege,power and immunity enjoyed by the right-holders on the legally obtained data,which is processed by algorithms to form derivative data products with commercial value and intellectual achievements.The intellectual property rights of derivative da-ta products have many value foundations:such as labor property theory,utilitarianism and transaction cost theory,and the essential attributes of information and non-materiality of expressive forms enable them to be accepted and integrated with traditional intellectual property systems.The intellectual property rights of derivative data products have value-rationality,institutional legitimacy and social feasibility.We should adhere to the idea of restraining of data intellectual property rights,follow the logic of"logical starting point,logical goal and logical path"in the construction of rights,carry out vertical systematic design of the scope and period of protection,and the subject and content of rights,and carry out horizontal subtle balance of overlapping rights between multiple subjects.Through the coupling mechanism of the structural allocation of data intellectual property rights into the property rights system,the dual value goal of protecting the rights and interests of derivative data products and promoting the development of digital economy is finally realized.
Derived Data ProductsData Intellectual Property RightsJustification of RightsRestraining of Rights
NETL
NSTL
万方数据
