On The Protection Of Contemporary Data Rights From The Perspective Of Property Right

data right mean rights of control over and access to your data, As far as the property rights perspective, data rights is not a inherent rights. In the information society, due to the separation of valuable data and carrier with the principal, exist independently and are not transmitted over the physical carrier of the data itself becomes a separate Exchange on the subject-matter of the transaction, which allows data from the information and databases, highlights the independence of use value and exchange value. Intangible property rights protection to innovation as the primary criterion, investment and labor as a secondary criterion, which makes the data was never given due protection of rights. Third, as by contract law, tort law for individual adjustment. Above patterns are detrimental to independent right to data protection. With Big Data, on legal rights protection of data delay performance for3:is the data on the data collection industry have rights (in particular, data on financial transactions, Internet retailing data, network users trace data control and access) is not defined. B is the right data to application data (especially of the innovation direction of product design data for use by businesses or individuals rights) is not defined. Three are exclusive and non exclusive rights to data not defined. Establishment of a data protection system has become a social need.Establish data control and tenure systems adapt to the characteristics of the information society goals, is the balance between achieving overall economic and social equity and efficiency. data has a non-exclusive and non-mandatory, should belong to the public resource. However "open data movement" proves that places data brought the inequities and inefficiencies of the public sphere. In this regard, the author analyses existing property, proof of claim, right, and new rights of intellectual property rights based on the significance of the data model, explore avoid idle data monopoly, data, data claims violations of the other exclusive new rights model.