Study On Intellectual Property Protection For Derivative Data Products

Derivative data products are valuable intellectual labor results formed by the data development subject after obtaining the original data and analyzing and processing it,and it is a new expression of the original data.Derivative data products embody the property value of data,involve multiple stakeholders,and are a conflicting point in the game of interests,which urgently needs legal response and regulation.In the first chapter,this paper mainly expounds the background and significance of the topic selection,domestic and foreign literature review,topic selection ideas and framework.Chapter 2 discusses the basic theory of derived data products.In this paper,"data" refers to "information as a thing","information as a process" and "information as knowledge" electronically recorded on computers and networks.The limited field of data and the limited recording method determine its scope is smaller than that of information.The production process of data produces different data types,which are embodied in two categories: original data and derived data products.Derivative data products are valuable intellectual labor results formed by the data development subject after obtaining the original data and analyzing and processing it.Derivative data products not only reflect the structural aggregation of the "quantity" of the original data,but also reflect the change of the "quality" of the original data,which can be divided into aggregated derived data products and deductive derived data products.By analyzing the formation mechanism of derivative data products,the interest relationship of the original data subject to the original data gradually weakens with the development degree of the data development subject,while the interest relationship of the data development subject to the derivative data product continues to increase with the development degree.this kind of interest association "one and the other" is the underlying logic of data interest distribution.Derivative data products are the labor results of the data development subject,and the data development subject should enjoy the benefits of it and should be protected by law.Chapter 3 discusses the current status of legal protection of derived data products.At the legislative level,due to the divergent views in the academic circle on the concept,legal attributes,and ownership of data,a unified opinion has not yet been reached,which has directly led to the pre-existing theoretical obstacles in the legislative level of derivative data products,which has led to the lack of legislative reasons.The lack of a clear theoretical basis eventually leads to a narrow judicial application,and judicial practitioners tend to apply the general provisions in Article2 or the general provisions in Article 12 of the Anti-Unfair Competition Law to adjust disputes over derivative data products.Although this behavioral regulation model of judicial practice has high flexibility and openness,the constituent elements are highly abstract,which leads to the uncertainty of applicable rules and the inconsistency of applicable standards.,there is also the danger of infinitely expanding the scope of application of the Anti-Unfair Competition Law,and it is difficult to adjust the misconduct of non-competitors,and the adjustment of disputes over derivative data products lacks pertinence and effectiveness.In Chapter 4,this paper discusses the theoretical basis for intellectual property protection of derivative data products.Information theory,labor property rights theory,and interest balance theory are important theoretical basis for intellectual property protection of derivative data products.Under information theory,derivative data products and intellectual property objects are homogeneous,and both have the characteristics of immateriality,mobility and sharing;under Locke’s property rights labor theory,derivative data products and intellectual property rights are the results of human intellectual labor,both of them have the elements of "shared","labor" and "demand";under the theory of balance of interests,the logic behind derivative data products and intellectual property system design has commonality,both involve different stakeholders,and there are private entities.The internal balance of interests,and the balance between private and public interests.In Chapter 5,this paper discusses specific strategies for intellectual property protection of derivative data products.Derivative data products are the results of human intellectual labor.When they meet the constituent elements of the work,the right holder can either protect them through copyright,or choose non-copyright methods to directly protect them based on the needs of their own production,operation and strategic development,such as protecting it through trade secrets.Of course,when the derivative data product does not meet the requirements for the composition of the work,the right holder can only protect it directly through non-copyright methods,specifically through trade secrets or special rights.