关键词: 数据知识产权, 定义比较, 应然表达, 语词辨析

Abstract:

In the era of the digital economy,there is a significant tension between the emergence of a large number of technological achievements and the existing legal protection system.As a brand-new initiative of the property rights system,data intellectual property rights aim to fill the existing gaps in intellectual property protection.Since its introduction,it has received attention and promotion in many provinces and cities.However,the definition of data intellectual property rights is not unified at present,and there are differences in the target of data intellectual property rights,such as “data or data sets,” whether the rating elements should include “algorithmically processed,commercially valuable,and in a non-public state.” In this regard,based on the original intention of the system and comparing the different connotations of words,data intellectual property rights can be defined as:“The right of the right holder to the data set obtained in accordance with laws and regulations,formed according to certain rules,and having practical value and intellectual property attributes.” At the same time,in order to avoid the alienation of data intellectual property rights,it is necessary to distinguish similar words such as “data property rights,digital intellectual property rights,and data intellectual property rights” in practice,so as to achieve the desired understanding of data intellectual property rights.

Key words: data intellectual property, definition comparison, desirable expression, word analysis