Abstract：Due to the inherent tension between profitability and public interest in the authorized operation of public data, the interim measures for data intellectual property registration issued across various regions have initially established a unified registration framework for public data sets involved in authorized operations. However, in practice, these measures expose several issues, including a disjunction between transaction security safeguards and the regulatory goals of maintaining open access, conflicts between voluntary registration and mandatory disclosure for authorized operations, and an emphasis on rights registration that weakens the role of public regulatory registration. The root of these problems lies in legislative bodies’ excessive focus on the transactional function of the data intellectual property registration system while neglecting its regulatory role in developing and utilizing public data. To achieve the goal of “clear ownership, defined responsibilities, and effective oversight” in the circulation of public data, it is necessary to strengthen the regulatory function of data intellectual property registration. This requires adhering to the dual logic of “autonomous efficiency” and “compliance control” in the authorized operation of public data. Within the framework of unified data intellectual property registration legislation, voluntary registration should be replaced by a mandatory registration system that grants exclusive rights in exchange for public disclosure of content. Additionally, regulatory item registration should be introduced to supplement information regarding the regulation of authorized public data operations. These reforms will facilitate the reconstruction of an integrated and legally trustworthy system for the circulation of data elements.
邓社民, 王志文. 公共数据授权运营中数据知识产权登记的制度重构[J]. 《深圳大学学报》（人文社科版）, 2024, 41(6): 93-102.
DENG She-min, WANG Zhi-wen. Institutional Reconstruction of Data Intellectual Property Registration in the Authorized Operation of Public Data. , 2024, 41(6): 93-102.
2024, Vol. 41 
粤公网安备44030502007936号