LEGAL ATTRIBUTES OF COMMERCIAL DATA AND APPROACHES TO INTELLECTUAL PROPERTY PROTECTION

As a core production factor in the digital economy, the legal attributes and protection pathways of commercial data have become a research hotspot in the field of legal studies. This paper begins by examining the legal nature of commercial data and its attributes under intellectual property rights, establishing the legitimacy foundation for intellectual property protection of commercial data through labor property theory, utilitarian theory, and transaction cost theory. Besides, it proposes a “limited rights + fair use” governance model to address current legal dilemmas in data rights allocation. The study further recommends approaches such as strengthening technical governance and collaborative regulation, promoting international rule harmonization, to balance innovation incentives with public interests. Ultimately, these measures aim to achieve efficient circulation and value realization of commercial data.

Institutions

Publication Details

Journal
AI and Data Science Journal
Published
2025-04-23
DOI
https://doi.org/10.61784/adsj3012
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

LEGAL ATTRIBUTES OF COMMERCIAL DATA AND APPROACHES TO INTELLECTUAL PROPERTY PROTECTION

AI and Data Science Journal
Law, AI, and Intellectual Property
article

LEGAL ATTRIBUTES OF COMMERCIAL DATA AND APPROACHES TO INTELLECTUAL PROPERTY PROTECTION

article en

Abstract

As a core production factor in the digital economy, the legal attributes and protection pathways of commercial data have become a research hotspot in the field of legal studies. This paper begins by examining the legal nature of commercial data and its attributes under intellectual property rights, establishing the legitimacy foundation for intellectual property protection of commercial data through labor property theory, utilitarian theory, and transaction cost theory. Besides, it proposes a “limited rights + fair use” governance model to address current legal dilemmas in data rights allocation. The study further recommends approaches such as strengthening technical governance and collaborative regulation, promoting international rule harmonization, to balance innovation incentives with public interests. Ultimately, these measures aim to achieve efficient circulation and value realization of commercial data.

AI and Data Science JournalVol. 2(1)
Guangdong University of Foreign Studies (CN)
Openalex Percentile: Top 96%
Law, AI, and Intellectual Property
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.