Search

The Construction of Data Property Rights in the Age of Digital Economy

Author(s)

Jian Liao

Affiliation(s)

Sanda University, Shanghai, China

Abstract

In the era of digital economy, data has become a very important resource and wealth. As the proportion of digital economy in the gross national product or national wealth continues to rise, how to better protect and utilize data has become a major issue of general concern to all countries. This paper analyzes the legitimacy and reasonableness of data empowerment from various perspectives, and finally concludes that the optimal path to protect the property rights and interests of various types of data lies in the construction of a new type of property rights, i.e., data property rights. Based on this, this article takes the formulation of general systems, the establishment of protective measures, and the clarification of exception restrictions as the basic framework, combined with the theoretical research status and practical production needs of data property rights, to conceive and explore the construction of data property rights system.

Keywords

Digital Economy; Data; Data Property; Data Property Rights; New Type of Right

References

[1]Tu Zipui. The second brain. China Translation Press, 2023. [2]Mei Xiaying. The legal significance of the distinction between the concepts of information and data. Comparative Law Research, 2020, (06): 151-162. [3]Ji Hailong. Private law positioning and protection of data. Legal Research, 2018, 40(06): 72-91. [4]Qian Ziyu. On the construction of data property rights. The Jurist. 2021, (06):75-91+193. [5]Wang Liming. What is the right to data. Chinese Journal of Law, 2023, 45(04):56-73. [6]Mei Xiaying. The original theory of corporate data rights: From property to control. Peking University Law Journal, 2021, 33(05): 1188-1207. [7]Ding Xiaodong. Jurisprudential reflection and institutional reconstruction of anti-unfair competition on the internet--centering on contractual and property rights and interests protection. Law Science Magazine, 2021, 42(02): 70-86. [8]Fang Yin, Wei Wei. Research on property law protection of data information rights. Western Law Review, 2018, (03): 23-33. [9]Kong Xiangjun. Commercial data rights: a new type of industrial property rights in the digital era--three principles of attribution and tenure definition of industrial property rights. Journal of Comparative Law, 2022, (01): 83-100. [10]Zhang Xinbao. On data property right as a new type of property right. Social Science in China, 2023, (04): 144-163+207. [11]Cheng Xiao. On data rights. Journal of National Prosecutors College, 2023, 31(05): 77-94. [12]Wang Liming. Studies on property law (previous volume). People’s University of China Publishing House, 2016. [13]Cui Jianyuan. property law. People’s University of China Publishing House, 2017. [14]Zhang Haoran. Overlapping and harmonization of data property and data security legal interest protection. Journal of Law Application, 2022, (09): 83-95. [15]Wu Handong. Legislative choice of data property empowerment. Science of Law - Journal of Northwest University of Political Science and Law, 2023, 41(04): 44-57.