CWR > Volume 4(1); 2018 > Current Development
Research Paper
Published online: March 1, 2018
DOI: http://dx.doi.org/10.14330/cwr.2018.4.1.03
Is Big Data a Big Dilemma or a Big Opportunity in China? Intellectual Property Protection in the Era of Big Data
Xiao Ma
Zhongnan University of Economics and Law Center for Studies of Intellectual Property Rights
182 Nanhu Ave., East Lake High-Tech Development Zone, Wuhan 430073 P.R. China.
Corresponding Author: marsha0504@163.com
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
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.
Keywords : Big Data, Intellectual Property, Data Rights, Data Ownership, Data Property, China
