A comparative study of data property rights:data intellectual property rights under the substantivist paradigm
How to build appropriate data property rights arrangements is a question of the times that Chinese and foreign legislators must answer.According to whether or not to advocate the establishment of special data property rights,the theory of data property rights can be divided into the theory of behavioral regulation and the theory of rights regulation.The legislation of major overseas developed countries shows that a certain degree of data rights can clarify the legal relationship of data and facilitate the flow of data,but exclusive data property rights are not feasible,and the freedom of reasonable access to(open)data should be guaranteed.The intellectual property rights theory of data in the regulation of rights theory has the advantages of low institutional costs and ease of practice,making it the only theory currently being piloted in several provinces in China.This theory,which is based on a bundle of rights and also adopts the characteristics of intellectual property"registration",can avoid the disadvantages of exclusive property rights and single-act regulation,and can also reduce the economic costs of data transactions and release the exchange value of data.While there are a number of issues facing data intellectual property pilots,these issues have not yet shaken their theoretical foundations.
data property rightsdata intellectual property rightsbundle of rightsTwenty Articles on Data
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