关键词: 数据, 知识产权, 创造性, 实质性加工, 差异性

Abstract:

The establishment of the connection between data and intellectual property rights is a prerequisite for data to obtain the legal protection of the Intellectual Property Law. Creativity can become the link between data and intellectual property. The formation and expansion of the intellectual property system is based on creativity, and being creative is the basic condition for new intangible property rights to enter the intellectual property system. Creativity can be reflected in the formation process and the formal appearance of data. The former is embodied in the personal choice and judgment of the content of data collection and processing rules by the data processor, while the latter embodies the order of data after processing, the ability of information disclosure and the function of prediction guidance. As the object of intellectual property, the creativity of data can be defined from three aspects, i.e., distinctions, substantial processing and new values. Distinctions refer to the objective and identifiable distinctions of data that originate from human creative activities. Substantial processing refers to the data processor’s substantial shaping of data processing rules and substantial participation in the data processing process. New values of data are mainly reflected in the improvement of information disclosure capability, the enhancement of predictive and guiding function, and the increase in market value. Data that have undergone substantial processing, possessed distinctions, and generated new values can be considered as data that meet the creative requirements of intellectual property rights and can obtain the protection of the Intellectual Property Law.

Key words: data, intellectual property, creativity, substantial processing, distinctions