Reconstructing Data Property Rights Registration: Practical Challenges and Institutional Adaptations Based on Intellectual Property Analogy

Abstract

In the construction of data infrastructure system, data registration assumes the basic function of improving the effectiveness of governance and promoting the circulation of elements. In the pilot and exploration of data registration system in different places, the rules of intellectual property registration are often directly applied, ignoring the non-homogeneity, dynamics and scene-dependence of data, which leads to insufficient adaptation of the system.

Taking the governance logic of the intellectual property registration system as reference, it is proposed that the data registration system should be reconstructed with the following core paths: clear scope of objects, hierarchical effectiveness, scenario differences, and dynamic updating.

The data collection is the only eligible object, and three types of effectiveness mechanisms are constructed, namely, deposit-type, defence-type and right-creation-type, which are adapted to the different stages of use and the purpose of the claim; at the same time, the governance system promotes the move from the decentralised local filing to the national unity of the right to realise the mutual recognition of the system and the interoperability of the platforms in response to the reality of the governance dilemma, and to achieve the efficient flow of data elements in the digital economy. At the same time, in terms of governance system, it promotes the transition from local decentralised filing to national unified right confirmation to achieve mutual recognition and platform interoperability, so as to respond to the real governance dilemma and achieve the efficient circulation and value release of data elements in the digital economy.