Determination ownership of data product property rights under the processing system
GAO Ningning
Abstract：The data rights system is the foundation for the effective operation of data circulation rules,yet its construction remains in the exploratory stage,especially in terms of rights ownership,which is controversial.Data products are the most mature type of data in terms of form,and can be included in the category of property rights objects first.However,the existing institutional interpretations is difficult to provide sufficient basis for determining the ownership of data product property rights.How to effectively connect traditional property rights theory with the new object of data products has become a key issue that the legal system must respond to.The processing system in traditional property rights theory has similarities in the logic of property rights confirmation with the generation of data products,that is,the combination of raw materials and labor generates new entities,leading to changes in the ownership of raw materials.This analogy provides theoretical support for the ownership determination of data products.Leveraging the processing system can clearly demonstrate the contribution measurement and scope of rights enjoyed by each participant in the data product generation process.The labor contribution of data processors in the process of generating data products is significantly higher than that of data sources provider.Therefore,the property rights of data products should belong to the data processors.At the same time,the principle of balancing interests in the processing system can be used to provide corresponding compensation to data sources provider.
Keywords：data productsprocessing systemequitable balance of interestsdata processordata source provider
Publication Date：2026-03-15
Online Publishing Date：2026-04-07(First online date of this platform, not the publication date of the document)
Pages：10( 70-79 )