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In recent days, the beijing intellectual property authority, the economics and informatization bureau, the business department, and the people's procuratorate have jointly published the measures for the administration of the registration of data intellectual property rights in the city of beijing (preliminary) (hereinafter referred to as " the scheme " ) to regulate the registration of data intellectual property rights in the administrative district of beijing, to safeguard the legitimate rights and interests of participants in the market for data elements, to promote the efficient circulation of data elements, to unleash the potential of data elements and to support the high-quality development of the digital economy。
A total of 25 articles of the scheme, including general provisions, registration content, registration procedures, regulatory oversight and by-laws, identify the main matters of registration of data intellectual property rights, subjects of registration and registration procedures. The introduction of the scheme has facilitated the establishment of a city-wide unified intellectual property registration platform in beijing and the registration of intellectual property rights in the municipal administration. The authorities involved in data intellectual property rights encourage the promotion of registration certificates for the development, dissemination and realization of data innovation, which will further actively promote the use of registration certificates in administrative law enforcement, judicial proceedings and legal supervision, the full effectiveness of certificates of registration, enhanced protection of data intellectual property rights and effective protection of the legitimate interests of data processors。
The importance of building a system of rules for the protection of data intellectual property rights and the content of data intellectual property rights
In recent years, with the rapid development of information technology, data have become an important driver of modern social development and are invaluable. Today, people can create new data on the internet every click, every search, every transaction. Data are both an asset and a resource. Its value lies in the fact that people can make their productive lives more accessible to society through analysis and use. However, with the rapid growth of data, we also face unprecedented challenges. Data security and privacy protection have become increasingly prominent issues. As a result, the need for a system of rules for the protection of intellectual property rights for sound data has become increasingly evident。
Data intellectual property protection is not only about individual privacy and business interests, but also about national security and the public interest. In this context, the urgency and importance of data intellectual property protection must be better understood and grasped to meet the needs of the times with greater vigilance and determination。
Data intellectual property rights (dips) as an emerging form of intellectual property rights (iprs) are derived from the extensive use of data in economic and social activities. In particular, the right to intellectual property for data refers to the legal exclusive interest of an individual or organization in the data it generates, collects or possesses. These interests include, but are not limited to, the use, reproduction, analysis, sale, licensing or transfer of data。
Data intellectual property rights are a new type of intellectual property right that covers a wide range of types of data, including personal, business and public data. The data may be collected by the data holder or data processor according to law or contractual agreement and processed through certain rules or algorithms, thus having commercial value and intellectual outcome properties. Personal data refer to personal information, such as name, id number, address, telephone number, etc. Individuals have the right to manage their own data, including to determine how data are collected, used and shared. Where personal data are concerned, they must be anonymously and de-marked to ensure that the original data cannot be restored through reversible models or algorithms. Enterprise data are collected, generated or processed by enterprises or other organizations. Enterprises or other organizations have intellectual property rights over such data. In the case of enterprise data, information is needed on the internal and external data collections. Public data are data collected and maintained by public authorities in the performance of their duties. Where public data are involved, there is a need to provide evidence of statutory access, including public data access agreements or authorized operational agreements. Regardless of the type of data, the rights holders of data intellectual property rights have a number of obligations, including respecting the data rights of others, protecting data security and complying with relevant laws and regulations。
The importance of data intellectual property protection is that it helps to ensure that the producers and owners of data are able to obtain a return from the data, thereby stimulating them to generate, collect and optimize data. In addition, data intellectual property protection can help maintain the proper functioning of the data market, prevent the illegal use and misuse of data and protect the interests of data subjects. In the absence of effective intellectual property protection for data, the producers and owners of data may be at risk of data being misappropriated, abused or abused, not only to their detriment, but also to impede fair trade and rational use of data。
Currently, while the concept of intellectual property rights for data is increasingly recognized and accepted, there are many challenges to effectively protecting intellectual property rights for data in practice. First, the characteristics of the data make it difficult to define and define, which creates difficulties for the recognition and protection of data intellectual property rights. Secondly, the fact that data can be reproduced and disseminated indefinitely makes it relatively complex to prevent their illegal use and abuse. Finally, as data intellectual property protection often involves multiple jurisdictions, it makes the enforcement and protection of data intellectual property more complex and cumbersome. It is therefore necessary to construct an effective system of rules for the protection of intellectual property rights in data。
Accelerating practical exploration and pathways to a system of rules for the protection of intellectual property rights in data
How can the system of rules for protecting intellectual property rights over data be effectively constructed? At the national legislative level, the law of the people's republic of china on the protection of personal information and the law of the people's republic of china on data security provide the basic legal framework for data protection, which defines rules and responsibilities for the processing of personal information, while the latter focuses on data security and the maintenance of cyberorder. With regard to local legislation, the scheme further regulates the registration of intellectual property rights for data within the beijing municipal administrative district by regulating the procedures for application and registration of intellectual property rights for data, as well as rights and obligations. On 26 may, the registration of intellectual property rights in zhejiang further regulated the registration of intellectual property rights in zhejiang data, published by 11 departments, including the zhejiang provincial market supervision authority. This reflects further exploration and innovation in data intellectual property protection。
Next, the protection of data intellectual property rights will focus more on the attribution of data intellectual property rights and the improvement of operating and trading mechanisms. In the face of the new challenges of data intellectual property protection, how can a new system of intellectual property protection rules be built that is adapted to the development of the times? In the view of the author, the following aspects could be explored。
Strengthening the legislative base. (c) establish comprehensive and detailed laws and regulations on the protection of intellectual property rights in data, including clear rules on the attribution, scope and use of intellectual property rights in data. Among them, the scheme has made a useful attempt in this regard by clearly identifying the attribution of data rights and providing a basis for the protection of data intellectual property rights. Moreover, based on existing laws on cybersecurity, personal information protection, etc., laws and regulations on intellectual property rights for data should be further refined and refined to ensure forward-looking and adaptive。
Establishment of sound law enforcement and dispute resolution mechanisms. Strictly combating the illegal collection, use and sale of data is key to achieving data intellectual property protection. In the course of law enforcement, the costs of violations should be increased and compensation increased to effectively deter violations. At the same time, a sound data-based intellectual property dispute resolution mechanism has been established to protect the legitimate rights and interests of rights holders。
Raising public awareness of data protection of intellectual property rights. (c) the adoption of diversified educational strategies and communication channels aimed at deepening public awareness of the importance of intellectual property rights for data and at developing methods to protect personal data interests. Active public participation and knowledge reserves play an important role in shaping sound data intellectual property protection mechanisms。
Strengthening sectoral synergies and regulation. The relevant departments should strengthen the supervision, management and guidance of data storage platforms, such as block chains, notaries and public data authorization operators to create a secure and credible market environment for data elements. All sectors should actively promote the use of registration certificates in promoting the marketing of data elements, the valuation of industrial data and the cross-border movement of data, and fully utilize the validity of certificates of registration to enhance intellectual property protection of data。
Active participation in international cooperation to promote equitable, equitable, inclusive and sustainable global data governance systems. China's position and recommendations are being actively conveyed to the international community, leading the global response to the challenges of data intellectual property protection. Work on the protection of data intellectual property rights in a manner consistent with the rule of law and the rule of law provides a solid basis for building the chinese dream of digital china and achieving the great renaissance of the chinese nation。
(scientific institute of sciences)
