Study On The Legal Attribute Of Geological Data

Geological exploration is at a critical position in the mineral resources economic development. Geological data is not reflected its proper value in economic construction which bearing geological information, because long-term understanding of deviation of geological data and inadequate legal protection. Deviation of this understanding of the geological data is mainly reflected in neglect of this important factor intellectual labor in the production process. Analysis of legal property of geological data is the theoretical basis of the legal protection of geological data system construction, recognized the special legal property of geological data and based on its properties to establish the corresponding legal protection system, which implements the requires of the geological exploration industry market economic reforms, sustainable development of the social reality of the legal system.Using the method of qualitative analysis, this thesis analyze the properties of geological data.With the methods of deductive and synthesis analysis, this paper continue in-depth analysis of geological data.From the analysis of the facts, the importance of intellectual labor in access to geological data is recognized. So we can identified intellectual property of geological data thorough the analysis of the legal aspects of the properties of geological data. Intellectual labor is importance of output of the process of geological data. Usefulness, scarcity and disposable of geological data determine that it serves as property protection. Philosophy, economic theories provide effective support for legitimacy theory as the property of geological data. Because of the special attribute of property and personal property assets of geological data, it should be as a special protection of intangible property. Legal protection of geological data needs to establish legal protection mode, which based on Intellectual property, supplemented by other administrative, civil law system, because of intangible property and both of public Interests and private interests property of geological data. This system will improve the protection of geological data, and achieve a harmonious environment for geological prospecting, promote prosperity and development of geological exploration industry.The first chapter is an introduction, for the topic, analyze of the research purpose and significance of the thesis, collation, analysis of domestic and foreign existing research results, and propose the shortcomings of the existing study of geological data. This section describes the value of research and review existing research results.The second chapter interprets the concept and characteristics of geological data. The essence of geological information which bared in geological data is a kind of information, which is the "properties ".At the same time, the formation of geological data is result to the "species gap" of geological data, Which is different from other information.The third chapter states that geological data is an intellectual achievement and the performance of its intellectual property. Intellectual achievements achieved by the results of mental labor. Its essence is information products. Its outstanding characteristics manifest in a non-material, independent existence, the value of property, with certain performance form. From the analysis of producing process of geological data, geological data meets the characteristics of intellectual achievements. The geological data is the spirit products obtained by mental labor, and independent existence which value can be perceived by men. Apart from that, geological data, not only has the intellectual property, but also has other attribute which can not be absorbed by intellectual achievements property.Ther fourth chapter analyzes the definition of property, expansion of legal extension characteristic, and then match the attributes of intellectual achievements.It can be found that intellectual achievements is property.Back to geological data, it is independent existence,controllable and disposable,and has the property of the sense usefulness and scarcity.These decide the geological data can be property. Further, the geological data has personality attributes, it is different from the general physical property, it is immaterial, reasonableness, creative, sociality, etc. Thus, we can find that geological material is a special kind of property, and belongs to the intangible property,.Based on the above the legal attribute of geological data, the geological data is a special kind of intangible property. The legal attribute of geological data points to the legal protection. Therefore the geological data constitute is composed of a set of rights and obligations,and according to the object of the form and content of different, by copyright, patent right and commercial secret multiple protection. In addition, we should establish mainly in intellectual property protection, with other administrative, criminal, civil law system of legal protection mode in the legal protection of geological data.