Although the development of technology is ever-changing,these changes do not disrupt the foundations of the legal system.As data products and intellectual products have strong commonality,the construction of a data property right system can often draw on established theory of intellectual property rights,avoiding the need to"start from starting point",or to"use old bottles with new wine".Locke's labor theory of property,in justifying rights of intellectual products and data products,faces same unresolved difficulties;the distinction between object and subject matter can not only address the problem of"mere data is insufficient to establish rights",but also explain why"it is insufficient for establishing rights if the new interest relationship is absent";the neighboring rights system can provide a shelter for the data products when data property rights issues remain unsolved.When new issues emerge in a new era,legal research should return to find common ground with the existing issues behind the legal system,rather than hastily establishing separate new rule.
data productsintellectual property rightsLocke's labor theory of propertydistinction between object and subject matterneighboring rights
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