Construction of Intellectual Property Regulation Path for Data Case
With the development of data-related technology,the issue of data definition and protection has raised widely industrial concern.At present,34 related judgments have shown that data forms are complex and diverse,and data shares similar attribute with intellectual property.Data belongs to intangible property right system.However,it has both similarities and differences with traditional intellectual property owing to the characteristics of weak monopoly and the object of intellectual property discomfort.Specifically,data is highly consistent with the"rights bundle"structure for the rights form,and extremely compatible with the intellectual property law for their valuation.Considering the"rights bundle"structure and the perspective of intellectual property law interests,this paper clearly puts forward the solution of building a data special law protection system,applying the relevant provisions of the Civil Code for protection,adapting the application of intellectual property protection,and utilizing the Anti-Unfair Competition Law as the bottom line to protect.This way can improve the data intellectual property protection rules and benefit to develop healthier and further digital economy.
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