The Legal Expression of Data Resource Ownership——The Possibility of Statutory Recognition as an Independent Property Right
There has been extensive theoretical discussion on the content of data resource ownership rights,but judicial practice has seldom provided responses.This is due to the unclear nature of the rights,ambiguous normative expression,and inaccurate legal application.Data resources encompass public interests,personal interests,and property interests,exhibiting characteristics of diverse rights holders and overlapping objects of rights.In the diachronic dimension of the data value chain,the focus is on the creation and identification of le-gal relationships concerning individual data rights,while the synchronic dimension emphasizes conflicts and limitations among the external rights of multiple stakeholders.Data resource ownership is fundamentally differ-ent from property rights and intellectual property rights,yet it has the potential to evolve into an independent type of right,based on specific actions.Currently,regulations concerning the registration of data resources do not confer rights,and the objects and nature of such registrations remain unclear.For data resource ownership to function as an independent type of right,legislative provisions must be expanded,moving beyond the tradi-tional interpretive framework of anti-unfair competition law.A system of claims and liability rules for data re-source ownership should be constructed,primarily within the realm of private law.
Data Property RightsOwnership of Data ResourcesProperty RightsResponsibility Rules
万方数据
维普
