Research On The Establishment And Protection Of Enterprise Derivative Data Property Right

In the era of big data,the economic value of derivative data has been continuously excavated,resulting in more and more intense data competition.But the legal nature of the property rights of derivative data is still controversial,and the legal protection of derivative data is urgently needed.Because the data controller has invested a lot of manpower,material resources,and financial resources to collect,develop,and use the data,and it cannot provide sufficient and effective protection for derived data due to the limitations of the current legal system.Therefore,in order to promote the development of the data economy,stimulate the property value of the derived data,clarify the ownership of the derived data,providing adequate and effective legal protection for the derived data is a problem that the current legal system needs to resolve.In view of this,this article is committed to providing protection for derivative data by constructing derivative data property rights.Because derived data is the main regulatory body of the data economy.From the perspective of derived data,this article discusses the property interests contained in the derived data as the adjustment object,which is divided into three parts.Derivative data is the main regulatory subject of data economy.From the perspective of derivative data,this paper discusses the property interests contained in derivative data as the adjustment object.Starting from article 127 of general provisions of civil law and civil law code(draft),the author analyzes the difference between data and derived data,defines the derived data conceptually,and points out the protection methods and shortcomings of the current law for the property right of derived data in combination with the current situation of the protection of the property right of derived data in China.At the same time,it also discusses the legislation of foreign derivative data.The cloud act of the United States and the database directive of the European Union are regulated from the perspective of data property.The second part mainly discusses the protection mode of derived data property right.Through the analysis of the theoretical basis for the establishment of derivative data property right,this paper discusses the construction of the protection mode of derivative data property right,and classifies the derivative data property right under the ordinary property right--intangible property right--data property right,so as to make a reasonable positioning for derivative data property right.The third part mainly discusses the balance of interest relationship and protectionprinciple in derivative data protection,and constructs a protection system combining private law with public law.This paper analyzes the right institution of derived data,discusses the right content of derived data property right from the Angle of derived data management right and derived data property right,and stipulates the obligation of derived data property right.