Dilemma and Breakthrough: Necessity and Legitimacy of Establishing Property Rights for Data Products

Abstract

The development of data products is the essential characteristic and condition of the digital economy, thus giving rise to a new form of ecological competition. The issue of unfair competition and data products is becoming increasingly prominent. At present, for the legal protection of data products, considering the restrictions on laws and regulations, legal remedies are provided according to the anti-unfair competition law. However, as for the disputes in the ownership of data products, the attribute of right becomes an unavoidable focus of dispute in juridical practice. Network operators have devoted an enormous amount of hard work to data products. Based on the theory of the property rights of labor, network operators are entitled to property rights. In the era of artificial intelligence and big data, lawmakers give property rights to data products. It is also an important measure in response to the development of times. This paper briefly analyzes the necessity and legitimacy of establishing property rights for data products.