Some people say that the data is the 21st century oil，Some people say that the data is the nuclear fuel of the 21st century。No matter what kind of metaphor，The thought behind it is communication，Data is one of the most important resources in today's society。Effective resource allocation cannot be separated from the appropriate property right system，If you want to use it all，It is necessary to belong to the Lord。When is a resource dominated by the producer，When the producer must tolerate others or the public use resources，It is the question that the property rights system needs to answer。

What kind of property system is suitable for data? To solve this problem，There are two kinds of answers。A proposition to design a new set of data for data、Unified property rights system，Another advocates using existing intellectual property systems to handle the relationship between data producers and data users。The first proposition can be described as "starting in scise"，The second proposition can be called "old bottled new wine"。Comparison of comparison，The second proposition can avoid stacking beds，Is a more wise choice。

On the one hand，The second claim is more in line with the practice of data confirmation。In legal practice，Data confirmation issues can be solved by the existing property right system。The existing legal system that regulates data property rights is mainly intellectual property Bet365 lotto review rights，Also includes other civil legal systems such as portrait rights。For objects existing in the form of data，The above -mentioned legal system has been serving its confirmation issues。The object of the Intellectual Property Law is various types of information，This information is based on data as the main form of data under today's technical conditions。As far as the copyright law is concerned，When we read novels on your computer、Watch the movie、Appreciate oil painting or listen to music，These works undoubtedly exist in the form of data。As far as the patent law is concerned，Whether it is invention、Practical new model or appearance design，Always exist in the form of electronic data。Technical information and business information in the field of business secrets，In most cases, it is also manifested as the form of electronic data。So，Playing works、Plagiarism and invention or stealing business secrets，In fact, it is embezzling data。Regulating the copyright law of these data misappropriation、Patent Law、The Intellectual Property Law of the Business Secret Law，In essence, it has provided the data framework for the data。When Zhang San copys from other people's computer to a large technical parameter of a production process，This kind of unbelievable behavior is under the traditional discourse system that steal business secrets，and at the perspective of data property rights, it can be called the act of stealing data。

On the other hand，The second claim is more in line with the theoretical needs of data confirmation。Under the unified label of "Data"，In fact, there bet365 best casino games is no unified interest pattern。Different types of data have different expression modes and interest balance mechanisms，Need to match the property right system that is more in line with this type of data。Also data，Patented technical solutions and the works protected by the Copyright Law do not take the same property rule。From the perspective of the controller's control of public display behavior，Copyright Law is stronger than the protection provided by the patent law。For example，The property rights rules set according to the copyright law，Public display of oil paintings without the consent of the artist constitutes infringement，People who show oil painting without authorization are likely to pay compensation to the copyright owner。But according to the Patent Law，The behavior of the display machine without the consent of the inventor of the machine itself does not constitute infringement，The person who displays the machine without authorization does not have the obligation to pay compensation to the patent person。Only when the data is used as a work instead of the existence of existence，The right person can control the public display behavior of others。But from the perspective of controlling independent creation，Patent law is stronger than the protection provided by the copyright law。Patent Law is the winner to eat games，Among many competitors，In the end, only one person can get a medal。Assuming that there are two companies developing the same drug independently，Company A submitted a patent application one day earlier than Company B and obtained authorized，Bet365 lotto review So only company A has the right to put the drug into the market，Company B can not use its independent research and development results to obtain market income。Compared with it，Copyright Law is much more tolerant for the creator。Suppose that two poets create the same poem independently，Among them, the poet completed the creation on January 1，B poet completed creation on January 2。Then the poet does not enjoy the market exclusive right of this poem，Poets can use their own poems independently without agreeing with A。Only when the data is invented instead of the work，Persons can control the independent creative results of others。

other，Patent Law and Copyright Law in rights、Object determination、Controlling behaviors and reasonable use of all levels are different。and，This heterogeneity must not only exist between the two data property systems of copyright law and patent law。Between any two of the data property system，There are obvious differences。Copyright and business secrets、Patent and Business Secret、Copyright and integrated circuit cloth design、New varieties of patents and plants、copyright and portrait right、Copyright and Performers' rights ... When we understand all the legal systems that adjust the information as the target as the data property system，It will be found that the difference between various data property systems is very obvious。Speaking，The existing legal system does not provide a neat property right system for data，Instead, use the method of "dividing and rule"，Turn into zero，The cooperation between the division of bet365 live casino games labor between multiple property rights systems is used to solve the data property problem。

Of course，Except works、Invention、Technical information and business information, etc., etc.，Scientific and technological development has also spawned a novel data form，That is public big data。The content on the social platform is a typical expression。This data is much higher than the degree of informatization than works and inventions，3388_3405，This makes the copyright law and patent law unsuitable to provide property rights framework for public big data。Commercial Secrets, although the level of informationization is high，But the "secret" that it requires is the opposite of the "public" of disclosure big data，Can't match the two。So，Despite the copyright law、Traditional intellectual property laws such as patent law and business secret law can provide clear property framework for most data，But as far as a specific type of data such as disclosed big data，It is necessary to design a set of property rights systems in a targeted manner。Just，What needs attention is，Public big data is just one of many data types。Even if people need to design a special set of property rights for it，It does not prevent the inherent system of traditional intellectual property law sufficient to accommodate the new problem of most data confirmation。We do not need to design a new set of property rights system for all types of data。Even if people are not troublesome，The conflict between the two sets of data property rights rules will also become a problem。After all，Most data has fallen bet365 live casino games into the regulation scope of existing intellectual property law。If they still fall into the new unified unified data property rules，So which set of rules to clarify the boundaries of property rights will become a big problem。

Data confirmation seems to be new problems，In fact, it is neither needed nor to rely on new methods to solve it。Traditional rules, although it is formed under traditional technical conditions and traditional business models，But this does not mean that traditional rules cannot adapt to new technical conditions and new business models。The copyright law that developed in the 18th century was not in a copy machine、Video、It is helpless under the impact of computer and network，It is said that there is a traceful business secret method in the Roman law and did not lose vitality when the information technology is changing.。Visible，Although when the copyright law and business secret law are generated，Information is not electronic，"Data" has not yet entered the field of view of property rights rules as an important concept，But the copyright law and the business secret method may completely accommodate the requirements of most data confirmation。

"Old Bottle New Wine" is a story repeatedly staged in the legal field。It can be said，If there is no "old bottled new wine"，The law cannot be an effective means to regulate social relations at all。Due to the rapid changes in social life，If you do not give the law sufficient elasticity，The law may be formulated and it has expired，Never keep up with social needs。Under the premise that the existing system has Bet365 lotto review responded to data issues，On the contrary, there is a risk of "starting from a hand" to make the law stacking beds and houses.，worthy of vigilance。

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