Social Sciences in China (Chinese Edition)

No.11, 2020

 

On Data Usufruct

(Abstract)

 

Shen Weixing

 

The undivided ownership of data and the absence of rules governing its distribution have become the biggest institutional obstacle to the development of the digital economy. Given the huge demand for the positive use of data in the data factor market, we should borrowing the principle of ownership division between the jus in re propria(complete and full ownership)—jura in re alinana (over the property of another) and copyrights—and neighboring rights, to take data as an emerging object of right. That means that we should set a binary ownership structure of data, in which the original owner of the data retains its proprietary right while the processor of data has its usufructuary right, so as to achieve a balanced distribution of data property rights and interests. The usufruct of data is acquired through data collecting, processing, sharing and trading. Data trading and sharing should be conducted by relying on the public data platform with credibility and data brokers. Data usufruct includes four positive rights of control, development, licensing and transfer, and the corresponding negative defense rights. Exercising all rights and power on the principles of fairness, rationality and non-discrimination can balance the two values of data property protection and good use of data, thus promote the rapid and healthy development of data factor market.