数据知识产权登记规则研究基于试点地区经验的比较与反思

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中图分类号:D923.4 文献标识码:A doi:10.3969/j.issn.1672-2272.202502020
Research on Data Intellectual Property Registration Rules Comparison and Reflection Based on Pilot Experiences
Zhang Liqin¹,Yun Xiaoting² (1.Law School of Shantou University, Shantou 515063,China;2.School of Law and Humanities and Society, Wuhan University of Technology,Wuhan 430o70,China)
Abstract: Registration of data intellectual property rights is a major exploration in protecting data rights through the intellctual property pathway,which is conducive to stimulating the value of data elements and empowering the development of new quality productivity. How to establish a unified national data intellectual property rights registration mechanism has become a hot topic. In light of this, this paper comprehensively compares the specific documents issued by 18 provinces and municipalities, and reflects on their value and limitations based on a summary of pilot experiences. Research has found that rules vary and their completeness varies in different regions. The commonality lies in the fact that the institutions that formulated the documents are the same,and the functional positioning of the systems is also the same. The main issues lie in the unclear boundaries of the registration objects,the subject of registration is yet to be refined,the review mode and the effectiveness of registration is still controversial,and does not realize the mutual recognition of inter-provincial interoperability. In response to this,the study proposes that it is necessary to continuously optimize the pilot work of data intellctual property registration from three aspects: prudently setting registration requirements, promoting the establishment of a substantive review mechanism and strengthening institutional safeguards.This study provides efective reference for promoting data transaction circulation and advancing the unified registration and management of data intellectual property rights nationwide.
Key Words:Data Intellctual Property Registration;The Objects of Registration;Registration Review
0 引言
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