數(shù)據(jù)知識產(chǎn)權(quán)登記規(guī)則研究基于試點地區(qū)經(jīng)驗的比較與反思

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中圖分類號：D923.4 文獻(xiàn)標(biāo)識碼：A doi：10.3969/j.issn.1672-2272.202502020

Research on Data Intellectual Property Registration Rules Comparison and Reflection Based on Pilot Experiences

Zhang Liqin1，Yun Xiaoting2 （1.Law School of Shantou University， Shantou 515063，China;2.School of Law and Humanities and Society， Wuhan University of Technology，Wuhan 430o70，China）

Abstract： Registration of data intellectual property rights is a major exploration in protecting data rights through the intellctual property pathway，which is conducive to stimulating the value of data elements and empowering the development of new quality productivity. How to establish a unified national data intellectual property rights registration mechanism has become a hot topic. In light of this， this paper comprehensively compares the specific documents issued by 18 provinces and municipalities， and reflects on their value and limitations based on a summary of pilot experiences. Research has found that rules vary and their completeness varies in different regions. The commonality lies in the fact that the institutions that formulated the documents are the same，and the functional positioning of the systems is also the same. The main issues lie in the unclear boundaries of the registration objects，the subject of registration is yet to be refined，the review mode and the effectiveness of registration is still controversial，and does not realize the mutual recognition of inter-provincial interoperability. In response to this，the study proposes that it is necessary to continuously optimize the pilot work of data intellctual property registration from three aspects： prudently setting registration requirements， promoting the establishment of a substantive review mechanism and strengthening institutional safeguards.This study provides efective reference for promoting data transaction circulation and advancing the unified registration and management of data intellectual property rights nationwide.

Key Words：Data Intellctual Property Registration;The Objects of Registration;Registration Review

0 引言

習(xí)近平總書記強調(diào)，“發(fā)展新質(zhì)生產(chǎn)力是推動高質(zhì)量發(fā)展的內(nèi)在要求和重要著力點”“必須繼續(xù)做好創(chuàng)新這篇大文章，推動新質(zhì)生產(chǎn)力加快發(fā)展”]。（剩余13522字）