Discussion Of Intellectual Property Problem In Big Data

“Big Data” is the revolution happening around us in the creation,collection,communication and use of digital data.In the last couple of years,humanity's capacity to create data,to communicate and to process data,has increased manifold.In recent years,with the introduction of Big Data related strategic policies,the data economy has become the global economic development trend.Big data,which is called "oil" in twenty-first Century",undoubtedly plays an important role in the data economy.In the critical period of global economic transformation,data sharing and free flow is the premise to create social value.As a new type of data assets,the sharing and flow of data have brought serious challenges.Against a background of Big data,the value of data lies in free flowing and sharing.The new problem of freedom and sharing is that,how do participants in the data value chain allocate the value of data,and how should data behavior be regulated? Because there are so many participants in the data value chain,each participant who has made a contribution to the data information to some extent should have the right to benefit from the contribution he or she has made.From the perspective of intellectual property rights,copyright,trade secrets and special rights in the EU database directive can provide protection for big data in the existing legal system.But such protection,there are two such problems,first is the different legal systems may be repeated to protect data information,followed by the existing legal system can not provide full protection for Big data.Based on the legal framework of EU,this paper discusses the issue of intellectual property protection of data in big data environment.In this paper,the status quo of the protection of the data by the copyright,database rights and trade secrets of the European Union is discussed in detail,and the importance of intellectual property rights in data protection is analyzed.On this basis,this paper puts forward the adjustment plan for the existing legal system,through the improvement and adjustment of the existing legal system,to provide relatively perfect cross protection for big data.Thus providing a high degree of legal certainty for the current data protection,making the data value chain participants achieve balance of interests,win-win situation of all parties,maximize the economic benefits of big data.