Research On Intellectual Property Protection Of Platform Data Rights In China

As the main production factor of digital economy,the economic benefits contained in data are self-evident,but there are many problems in the protection of data rights and interests of platforms at present.Data ownership disputes,data use disputes and unfair competition among platforms are numerous,but a sound data rights and interests system and dispute resolution mechanism have not yet been formed.The protection of data rights and interests of platforms is not only about the platforms themselves,but also closely related to the data circulation and data transactions,and deeply related to the development of digital economy.Establishing rules for protecting data rights and interests of platforms is the basis for resolving data disputes among platforms,and it is also the right thing to do to promote the vigorous development of digital industry.The 14th Five-Year Plan for the Protection and Application of National Intellectual Property Rights proposes to study the construction of rules for the protection of data intellectual property rights,so it is legally and policy-wise feasible to study the construction of a mechanism for the protection of platform data rights and interests in the context of intellectual property rights.In this paper,we explore the construction of a specific system to solve the dilemma of protecting the rights and interests of platform data and promote the resolution of data disputes between platforms.This paper firstly defines platform data,based on which the connotation and extension of platform data rights and interests are sorted out,and analyzes the existing doctrines on the protection of platform data rights and interests,and then elaborates the justification for establishing a platform data rights and interests protection system in the context of intellectual property rights,which provides the theoretical basis for the following study.Secondly,the protection models of platform data rights and interests in China,the United States and the European Union are analyzed,mainly from the legislative and judicial perspectives,and the characteristics of different models in and out of China are summarized and compared.Again,the main problems of the protection of platform data rights and interests in China are summarized by combining the analysis of China’s legislation and judiciary as well as the basic theory of platform data,including the unclear system of platform data rights and interests,the insufficient regulation of the behavior of platform data and the imperfect relief mechanism for infringement.Finally,suggestions are made for the construction of intellectual property protection mechanism of platform data rights and interests in China.The platform data is divided into public data,non-public data and limited public data,and the idea of regulating the behavior of the data is proposed,and the protection system of different types of data is constructed under the dual mode of behavior mode and right mode.In addition to the protection of rights and interests,it also tries to build a system of restriction of rights.It also improves the remedy path for infringement of platform data rights and interests from two aspects:clarifying the composition of infringement and the compensation mechanism of infringement loss.