Research On Derivative Data Rights

The research on derivative data rights exploitation mainly focuses on "derivative data" and explores the problem of legal empowerment and protection behind data with great commercial and social value in the data economy environment.This paper mainly includes five chapters,which are "Chapter 1 Overview of Derivative Data","Chapter 2 Urgency of Derivative Data Protection","Chapter 3 Extraterritorial Derivative Data Protection Modes","Chapter 4 Disputes on Derivative Data Right Proofing and Right Attribution" and "Chapter 5 Path Selection for Derivative Data Right Protection".The first chapter is an overview of the derivative data.This chapter defines the "derivative data" and presents the data generation process and the legal characteristics of the derivative data in an intuitive way.At the same time,in order to determine the protection path more accurately,this chapter makes the necessary distinction between the derivative data and data,information and database.The second chapter is about the necessity and status analysis of the protection of derivative rights.This chapter elaborates the situation that the trend of data property is intensified in the era of big data.In the relevant data legal relations with data as the core,the ownership of data rights is positioned at the logical starting point of legal analysis.The protection of data rights is urgent,and the existing legislation in China is insufficient in the regulation of derived data.The third chapter introduces the protection mode of extraterritorial derivative data.Although the extraterritorial legal system does not clearly define the property of data rights,in general,it also has certain reference significance.The fourth chapter is about the argument of the derivative data right interest and the dispute of the property of the right,which proves that the derivative data should be the object of the right,and systematically sorts out the six theoretical disputes about the ownership of the data right centered on the derivative data.The fifth chapter is about the path selection of derivative data right protection.This chapter analyzes the reasons why derivative data cannot be included in the "real right" and "creditor’s right" system,explains the feasibility of creating new intellectual property rights,and demonstrates the intellectual property object positioning of derivative data.At the same time,after the path selection and positioning the derivative data as the object of exclusive rights,the data exclusive rights system,including the construction basis,the normative system and the validity of rights,is also built.Moreover,the data exclusive rights are finally placed in the whole dynamic system of data rights to provide comprehensive analysis and protection.It is urgent to protect and regulate the derivative data,but the existing legislation in China is insufficient to protect it.In this regard,this paper is committed to the protection of derivative data rights,namely the exploitation of derivative data rights.By comparing and analyzing the characteristics of each right and the object of the right under the traditional legal framework,the paper matches and selects the best protection path for the derivative data.After determining the protection path of intellectual property rights for derivative data and demonstrating the feasibility of creating new intellectual property rights,the core and innovation part of this paper focuses on the creation of new intellectual property rights based on derivative data in the second part of Chapter 5.Emphasis will be placed on innovatively constructing a new intellectual property right--data exclusive right,which takes "derived data" as the object.First of all,the threshold level protection conditions are set for the exclusive rights of data,that is,the protected "derivative data" should have three characteristics of objectivity,desensitization and availability.Secondly,the system framework of data exclusive rights including the subject,object,content and period of exclusive rights is systematically set up.In addition,the exclusivity,claim,priority and pursuit effects of exclusive rights to data will be analysed.Finally,the exclusive right is placed in the whole data right,and we can see the seemingly overlapping but dynamic coexistence of the system relationship between subjects and various rights in different stages.Through the above construction of data exclusive rights from "none"to "have",the current predicament of insufficient and chaotic protection of derivative data rights can be solved.