Commercial Data Protection: An Intellectual Property Perspective

Abstract

Commercial data and intellectual property (IP) rights cover similar objects, sharing a consistent theoretical foundation and compatible institutional goals. This suggests the IP system is potentially adaptable for protecting commercial data. However, unlike the type-based objects of IP, commercial data demonstrates distinct characteristics in terms of property form, interest appeals, and value connotations. These differences pose difficulties in applying the current IP system to the protection of commercial data, necessitating a new institutional approach. Nevertheless, to improve the legal protection for commercial data, principles from established IP doctrines and regulatory designs can be adapted, including incentivizing property rights, facilitating market circulation, unlocking data’s value as a production factor, and balancing competing interests.

Keywords

commercial data / intellectual property (IP) / digital property rights / public domain / balance of interests

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Higher Education Press