Data intellectual property registration is an important practical exploration of the data property protection initiative in China.From the perspective of the non-material object attributes of data and the legal framew...Data intellectual property registration is an important practical exploration of the data property protection initiative in China.From the perspective of the non-material object attributes of data and the legal framework of the openness of intellectual property rights,data has the rationality and feasibility of being registered as an object of intellectual property rights.The theory of intellectual property contract and intellectual property signal can prove the legitimacy of data being included in the framework of intellectual property registration.In the dimension of substantive rules,the object of data intellectual property registration should be a collection of derived data with practical value and legal sources,and be able to obtain three data intellectual property rights,including the right to hold,to use,and to operate.The registration of data intellectual property rights should adopt the mode of determining the validity of the registration of confirmation.Combined with the characteristics of rapid updates and continuous accumulation of data,we should set short-term and renewable period restrictions,and promote the integration process of data intellectual property registration nationwide.In the dimension of procedural rules,general procedures should be designed around specific issues such as rights application and invalidation.At the same time,it is necessary to establish supporting procedures such as open licensing and trust management.展开更多
基金the project supported by Fundamental Research Funds for the Central Universities,entitled Research on the Basic Rules and Governance System of Data Rights Confirmation Under the Framework of Intellectual Property Rights(Project Approval Number:2722024BY026)。
文摘Data intellectual property registration is an important practical exploration of the data property protection initiative in China.From the perspective of the non-material object attributes of data and the legal framework of the openness of intellectual property rights,data has the rationality and feasibility of being registered as an object of intellectual property rights.The theory of intellectual property contract and intellectual property signal can prove the legitimacy of data being included in the framework of intellectual property registration.In the dimension of substantive rules,the object of data intellectual property registration should be a collection of derived data with practical value and legal sources,and be able to obtain three data intellectual property rights,including the right to hold,to use,and to operate.The registration of data intellectual property rights should adopt the mode of determining the validity of the registration of confirmation.Combined with the characteristics of rapid updates and continuous accumulation of data,we should set short-term and renewable period restrictions,and promote the integration process of data intellectual property registration nationwide.In the dimension of procedural rules,general procedures should be designed around specific issues such as rights application and invalidation.At the same time,it is necessary to establish supporting procedures such as open licensing and trust management.
