摘要
Abstract
[Research purpose]In response to the structural dilemmas within China's existing legal system for protecting corporate data property rights in the context of the digital economy,this paper aims to explore the establishment of a novel corporate data property rights regime,independent of traditional property rights and intellectual property rights.[Research method]Initially,the paper employs literature review and comparative legal analysis to critically assess the deficiencies of extant protection paradigms,namely,property law,intellectual property law,and anti-unfair competition law.Drawing from the legislative and jurisprudential experiences of jurisdictions of the European Union,it delineates the insufficiency of the current IP regime in safeguarding data property.On this foundation,the paper substantiates the legitimacy of endowing data with property rights,predicated on John Locke's labor theory of property and the tripartite rights separation framework outlined in"Twenty Articles on Data".[Research conclusion]This paper argues that it is both necessary and feasible to position corporate data property rights as a new form of property right centered on data control.The institutional design should focus on establishing a new protection model for corporate data property rights and constructing a mechanism for rights limitation and dynamic balance.Specifically,at the empowerment level,data controllers should be granted exclusive rights of possession,use,profit,and disposal to incentivize data investment.At the limitation level,measures should include setting reasonable protection periods,introducing compulsory licensing,establishing fair use rules,and exploring revenue-sharing pathways,so as to achieve a dynamic balance between private interests and public value.Finally,regarding the improvement of the legal protection mechanism for corporate data property rights infringement,it is proposed to clearly define types of infringement and introduce the principles of presumed fault and reversed burden of proof,thereby reducing the costs of rights enforcement and enhancing the effectiveness of legal protection.关键词
数据产权/企业数据财产权/"数据二十条"/三权分置/数据要素Key words
data property rights/corporate data property rights/"Twenty Articles on Data"/tripartite rights separation/data elements分类
管理科学
