Research on the protection path of usufruct of derivative data in China
LUO Zongkui
CHANG Chenchen
Abstract：In the process of digitalization,derivative data,as a high-value information carrier formed by substantive processing of raw data,has become a core element driving innovative development in multiple fields.The process of generating derivative data involves many subjects and diverse interests,and the disputes arising therefrom are also increasing day by day.Although domestic and international theories and judicial practices have explored the legal protection of derivative data,there is still no unified understanding of the connotation of derivative data and the distribution of rights.At present,the protection of derivative data in China is confronted with several predicaments,including insufficient applicability of the traditional intellectual property system,inappropriate protection paths for trade secrets,and conflicts between the norms of data property and intellectual property rights.In response to the practical challenges in the judicial protection of derivative data in China and in alignment with its developmental trajectory,it is imperative to legally establish a"usufruct of derivative data"to balance the interests of all parties.Concurrently,a registration system for derivative data ownership and an anonymization certification system to consolidate the bottom line should be established.Furthermore,the"substantial substitution"rule shall be introduced into the determination of derivative data infringement to clarify the criteria for such adjudication.Through the coordinated advancement of these mechanisms,a robust legal can safeguard will be constructed,fostering the regulated circulation and value realization of derivative data.
Keywords：derivative dataintellectual property rightusufruct of derivative data
Publication Date：2025-12-25
Online Publishing Date：2026-01-27(First online date of this platform, not the publication date of the document)
Pages：7( 76-82 )