WEI Decai, HAN Mingxiao. The Delimitation and Development Trend of Legal Attributes of Data Property Rights from Perspective of “20 Articles on Data”[J]. The journal of xinyang normal university (philosophy and social science edition), 2025, 45(5): 17-22. DOI: 10.3969/j.issn.2097-5821.2025.05.003
Citation: WEI Decai, HAN Mingxiao. The Delimitation and Development Trend of Legal Attributes of Data Property Rights from Perspective of “20 Articles on Data”[J]. The journal of xinyang normal university (philosophy and social science edition), 2025, 45(5): 17-22. DOI: 10.3969/j.issn.2097-5821.2025.05.003

The Delimitation and Development Trend of Legal Attributes of Data Property Rights from Perspective of “20 Articles on Data”

  • Data Property Rights (DPR) is a developing concept. At present, to identify the legal attributes of DPR faces three paradoxes: first, as property rights, data bring economic benefits but can be copied; second, as Real Right, data can be the object of real right, but its exclusivity is limited; third, as Intellectual Property, data is intellectual but may not be creative. “20 Articles on Data” has drawn a blueprint for clarifying the legal attributes of DPR in three aspects: first, the “separation of three rights” lays the foundation for the data market; second, DPR operating mechanism should be constructed according to the marketization principle; third, follow the rule of law to protect data property rights transactions. In the future, the legal attributes of DPR will develop in three trends as follows: first, market transactions will promote DPR to become independent property rights; second, administrative regulation will promote data property protection from market regulation to property protection; and third, the legal nature of data property rights changes with technological innovation.
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