Ownership allocation of data transaction objects——Starting from the particularity of transaction object
Li Hongmao
Jiangxi Hakka Law Firm
Abstract： The ownership configuration of data transaction objects has been debated endlessly in the theoretical and practical fields, which has seriously hindered the development of data transaction market practice. The object of data trading is unique, and the development trend of the digital economy requires data sharing, which is incompatible with the traditional ownership requirements of direct control and exclusivity; The proliferation of data resources is different from the consumptive nature of mineral resources; The sharing of data products is also contrary to the exclusivity of intellectual property rights, and existing rules are difficult to meet the needs of the data trading market. Based on the maintenance of data sovereignty and the public welfare attributes of data, considering the capital provided by the data production subject or the added labor that manifests private interests, a dual property system structure of "state ownership of data resources" and "ownership of data production subject of data products" is proposed, which enables the ownership allocation of data resources in China to be centered on the rights of data products and follow the logical approach of the law. It gives the data production subject ownership of data products, meets the clear ownership standards required by transaction objects, and provides a foundation for building a unified data trading market.
Key words : data trading; object specificity; ownership allocation
