Data is the fifth largest productive factor in the world today,and confirming the ownership of data,especially commercial data with economic value,has become a controversial topic in academia.Although relevant policy documents and local legislation have confirmed data rights,there has been no positive response regarding the attributes of data rights.The data does not meet the requirements of specificity and therefore does not fall under the provisions of the Civil Code,and data rights do not have natural exclusivity.The concept upheld by data law is sharing and promoting circulation,which is dif-ferent from the concept of property law.Therefore,in principle,traditional property law cannot be ap-plied to data rights.Although commercial data cannot be perfectly incorporated into the object of intel-lectual property rights in practice,there are many similarities between commercial data rights and in-tellectual property rights,both of which have property attributes.Therefore,commercial data rights should be classified as new property rights from the perspective of intellectual property,providing new directions for better protection of commercial data.
维普
万方数据
