There is currently a popular theory on data rights advocating for the creation of property rights protection for data products,which are presented as concrete and figurative entities,aiming to fill the"loopholes"in the current property rights system.The creation of new property rights must conform to the existing property rights system,and avoid systemic inconsistencies.The existing legal system,especially intellectual property law,adequately protect the interests on data products,rendering the establishment of specific rights for data products unnecessary.Those data products not protected under the existing property rights system represent a deliberate omission in intellectual property law aimed at preserving the public domain,rather than a loophole in the law.The theory of data product rights has not thoroughly grasped the connection of the existing property rights system,so the data product property rights advocated thereby will not only encroach on the domain of public knowledge and violate the basic principles of intellectual property law,but also cause destructive and overlapping protection of the existing property rights system,undermining the carefully crafted balance of interests by intellectual property law.Therefore,such proposals are not advisable.
data product rightsintellectual propertylegal systempublic domainoverlapping protectionsbalance of interests
NETL
NSTL
万方数据
