Limited Protection Of Big Data Intellectual Property

Big data is high-value massive data,which refers to both big data products and big data industry,and data collection is the information carrier and objective expression of big data.Big data has the property of intellectual property rights.Although there is no law in China to include big data in the scope of intellectual property objects,according to the existing legal framework and local regulations and regulatory documents,it is best to protect it by means of intellectual property rights.The spirit of protecting labor achievements in intellectual property law runs through it.At present,the protection of big data intellectual property rights is urgently necessary,but the concept of big data also brings challenges to intellectual property laws.According to legislation and judicial practice at home and abroad,the connotation and scope of intellectual property protection under different modes can be limited by compiling different protection modes of work copyright,trade secret protection,and unfair competition.That is,the big data that meets the requirements for the protection of compilation works and trade secrets is included in the corresponding scope;for the big data intellectual property rights that do not meet the protection requirements for compilation works and trade secrets,based on the actual judicial judgment,you can refer to the general intellectual property protection path and pass Expand the protection against unfair competition laws and regulations.At the same time,there are different rights and interests of multiple subjects on big data,and the protection of data products has certain creative requirements,which leads to conflicts in the protection of intellectual property rights of big data.The essence of conflicts of rights is the blurring of boundaries.Therefore,the boundaries should be clearly defined.Take limited protection.By summarizing the existing judicial judgments,we can analyze the normative tendencies in judicial practice,mainly including independent property rights on big data products but limited rights and interests,data rights are difficult to protect with original standards,and judicial judgment tends to restrict citizens Information rights.Therefore,the data included in the scope of protection should be reasonably limited,the boundaries of other rights above big data should be delineated,limited protection of big data intellectual property rights should be adopted,control of protection efforts,standardization of protection standards,and value balance should be done well.In terms of basic principles,we should curb the generalization of rights and guard against data monopoly caused by the creation of rights;define the boundaries of rights and balance the value rank of data rights;actively promote the rational use of data products,avoid excessive control,and promote exchange and sharing.In terms of specific protection paths,establish reasonable originality consideration standards and only protect data products included in the standard scope;improve the anti-unfair competition mechanism,clarify the order and conditions of application of unfair competition clauses,and prevent abuse of rights;Judicial adjudication tends to limit the rights of personal information,taking into account the legitimate rights and interests of information subjects,and restricting the rights and interests of developers.