Is Big Data a Big Dilemma or a Big Opportunity in China? Intellectual Property Protection in the Era of Big Data

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 4권 / 1호
ㆍ저자명 : Xiao Ma

목차

1. Introduction
2. What is Big Data?: Framing the Dialogue
A. The Concept of Big Data
B. Big Data and Related Concepts
C. Legal Nature of Big Data
D. Big Data as Object of Intellectual Property
E. Data Ownership and Data Property
3. IP Protection of Big Data in China:Possible Approaches
A. Copyright Protection Model
B. Related Rights Protection Model
C. The Sui Generis Database Protection Model
D. The Patent Protection Model
E. The Trade Secret Protection Model
F. The Anti-Unfair Competition Law Protection Model
4. The First “Big Data” Case in China
A. Applying Unfair Competition Law to Data Information
B. Applying Unfair Competition Law to Big Data
C. Six Criteria Applied by Court
5. Establishing IP Protection Rules on Big Datain China
A. Legislation Aim
B. Guiding Principles
C. Approaches of Regulating Big Data
6. Conclusion
References

영어 초록

In recent years, China initiated Big Data strategies and put forward a series of legislative proposals with regard to the regulation and utilization of Big Data technology. However, academics have not reached consensus to fundamental questions such as data ownership and protection approaches yet. The intrinsic contradiction lies in the difference of values between Big Data which emphasizes “open and sharing” and intellectual property law that protects monopoly interests. This article seeks to conceptualize Big Data in a dynamic approach with an aim to frame the dialogue for further discussion. Through analyzing whether current intellectual property laws in China serve a solid base for promoting the development of big data technology, it proposes that, in order to address regulatory impracticality of Big Data, certain statutory amendments are necessary. However, regarding the revolutionized proposition of creating a “database right” or alleging “Big Data as an object of intellectual property law,” this research recommends a modest and restrained approach.

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