Research On The Application Of BIGDATA In The Field Of Intellectual Property

With the development of artificial intelligence technology,the world has moved into the era of BIG DATA.As one of the three key factors of artificial intelligence technology,BIG DATA's nature of resources brings high returns to human beings.At the same time,BIG DATA is in the face of problems as insufficient research on fundamental theory,unclear status of legal nature,and cannot be directly supervised by current legal system.In addition,due to the unclear definition between "rights and interests of BIG DATA" and traditional legal rights and interests,the trial results of cases involving BIG DATA are inconformity and the reasons are various,which greatly affect the judicial authority.The above problems become more prominent with the continuous enhancement of human BIG DATA analysis ability,which puts forward new research topics for triditional legal system.Big Data has intangible physical characteristics and non-structural characteristics,thus it cannot be applied conventionally.However,through human wisdom and labor,results with similar characteristics of the object of traditional intellectual property can be obtained after analyzing BIG DATA.Nowadays,countries of he world have fully recognized the role and value of BIG DATA,and have protected it at national strategic level as an important resource.Upon the above background,this thesis studies the application of BIG DATA in foreign countries.The study found that,many countries tend to regulate BIG DATA as a special object of intellectual property right.The intellectualization of BIG DATA has become a global trend.Applicatioin of BIG DATA has the general elements of the object of intellectual property,and can be regulated by the legal system of intellectual property.Of course,the intellectualization of BIG DATA will inevitably impact the traditional legal system of intellectual property.However,people can study and grasp its laws and supplement and improve present intellectual property legal system,so as to conteract its adverse effects.This thesis analyzes the basic situation of big data,and puts forward suggestions of constructing the application system of BIA DATA intellectual property in China from the angle of efficiency and reality.Firstly,this thesis studies the basic theory of BIG DATA,which provides the starting point of legal logic for the follow-up research.Secondly,the thesis focuses on researching positive and negative issues such as challenges,opportunities while BIG DATA is being applied in traditional intellectual property rights related industries.Thirdly,the thesis compares the construction of BIG DATA intellectual property rights application system in some extraterritorial countries,and analyzes the content referencable.Finally,the thesis provides theoretical exploration on how to deal with BIG DATA's impact on traditional intellectual property system and how to construct a scientific and reasonable big data intellectual property application system under the background of the new era;and further analyzes the related legal relationship elements,the relationship between the reverse acquired intellectual property through BIG DATA analysis and the prior intellectual property,and the conflict between the reverse acquired intellectual property through BIG DATA analysis and the personal privacy.Additionally,this thesis also makes a vision of technical environment that the application of big data intellectual property should have.