The proposed integration of"data information"into the category of objects of intellectual property rights in Article 108 of the draft to General Rules of Civil Law sparked significant debate within academia and industry.Though not ultimately passed,that provision instigated ascendant discussions regarding the eligibility of data to be integrated as an object of intellectual property rights.According to the"information chain"theory,facts,data,information,knowledge,and intelligence represent a sequential,bottom-up refinement,within this chain-like framework,data encapsulates elements of information,knowledge,and intelligence.However,data does not entirely conform to the general characteristics of objects of intellectual property rights.Directly integrating"data"into the category of objects of intellectual property rights as a whole could disrupt existing rights and systems,compromising the unity and coordination of the object family.Proposed is a classified protection system for data:establishing a data property rights protection model based upon existing intellectual property protections,under which data subjects are granted both personality rights and property rights over their individual original data;enterprises enjoy property rights for their processed derived data,the threshold for acquiring these rights is lower compared to the acquisition of traditional intellectual property rights,thus general characteristics associated with objects of intellectual property rights,such as originality,nonobviousness,or distinctiveness are not required,and a thin protection model is advisable.
dataobjects of intellectual property rightsprototype category theoryfamily resemblance theory
万方数据
