ABSTRACT
The substantial economic benefits embedded in commercial data have driven the rapid development of related industries within China’s big data sector, while also triggering disputes over the interests and benefits associated with commercial data. The current legal framework in China often applies intellectual property laws and anti-unfair competition laws to deal with disputes concerning commercial data. However, comprehensive protection of commercial data can only be achieved by addressing its ownership through a property rights regime. Due to the non-rivalrous and non-exclusive nature of commercial data, as well as the contributions from multiple parties to its creation, there are noticeable challenges of applying the traditional thing-ownership property model to commercial data in China. Arguably, this paper recommends learning from the US ‘bundle of rights’ model to address the construction of property rights for commercial data in China.
Zhao, Wenjia and Wu, Peicheng, From Data Ownership to Data Sharing: A New Property Regime of Commercial Data in China. Posted on SSRN 15 January 2025.
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