Research On The Right Attribute Of Derived Data

The original data is a data resource that has not been deeply processed,and it is difficult to distinguish the interest subjects involved.However,under the data processing rules,after the deidentification,anonymization and other processing procedures,the data is no longer identifiable,the individuals involved are single,and the interests are no longer complicated.Therefore,the derived data can become the object of rights.The derived data is the result of analyzing and processing the original data by using information technology.It belongs to the new intellectual achievement formed by the data processor under the intellectual labor.This paper will study the attributes of derived data rights from the following four aspects:The first chapter is the introduction.This chapter mainly analyzes the status quo of research on the rights attribute of derivative data at home and abroad.There are few researches on the rights of derivative data at home and abroad,and most scholars study the derivative data as a whole,without studying the rights of derivative data from the perspective of data structure.The second chapter is the basic problem of derived data right attribute.This chapter mainly includes the concept analysis of derivative data,the dilemma of derivative data protection and the necessity of derivative data rights.Different from the original data,derived data is a data product with predictive and commercial value based on the original data,which is processed by information technology and processed by anonymization,desensitization and other procedures.Derivative data belongs to legal interests,has economic value and can be controlled by people.In order to solve the protection dilemma of derivative data,derivative data should be protected in the form of right interest,which is necessary for derivative data to be right interest.The third chapter is the discrimination of the right attribute of derived data.This chapter analyzes the attributes of derived data rights from the perspectives of personality rights,intellectual property rights,new property rights and usufructuary rights.In the aspect of personality rights,derived data after desensitization,anonymization and other procedures,no longer contains personal information,no longer has personality attributes,can not adopt the personality rights mode for protection.In terms of intellectual property rights,first of all,trade secrets are private and require operators to be the subject of rights,while derivative data rights are not limited in the scope of subjects,and derivative data has the characteristics of liquidity,which does not meet the requirements of trade secrets.Secondly,the work requires originality,and the derived data can hardly satisfy the originality requirements.In the aspect of new property,derivative data does not conform to the characteristics of "thing",and the absolute right mode is not conducive to the transaction and circulation of derivative data.In terms of usufruct,the structure of derived data has changed compared with the original data,and the two are not identical.The original data subject cannot enjoy the right to derived data,and the usufruct model has problems.The chapter four is the theoretical proof of new intellectual property rights of derived data.Derived data is a new intellectual achievement created by the processor under the intellectual labor.It creates new value on the basis of the value of the original data.It has the theoretical elements of the object of new intellectual property rights,and conforms to the concept of strengthening the use and circulation of data under the current digital economy background.