The Protection of Derived Data Under Intellectual Property Law: A Neighboring Rights Framework

Abstract

Derived data has a great economic value. Compared with behavioral regulation, right protection can provide more comprehensive protection. Derived data has the characteristics of intangibility and scarcity, which is consistent with the object characteristics of intellectual property, so it is more suitable to build derived data protection system under the intellectual property law. Copyright protection and trade secret protection under the current intellectual property law have limitations, and it is more appropriate to adopt neighboring rights protection. A new data processor right is created under the neighboring rights system, and its rights are vested in the producers of derived data, but in order to achieve a balance between data protection and data circulation, a shorter period of protection should be established and fair use should be allowed in certain circumstances.