Interest Imbalance and Jurisprudential Reconstruction of Intellectual Property in the Digital Economy: A Data-Driven Innovation Perspective
DOI:
https://doi.org/10.54097/zf9pm448Keywords:
Digital Economy, Data-driven Innovation, Intellectual Property, Interest Imbalance, Jurisprudential ReconstructionAbstract
The digital economy, characterized by data as the core factor of production, technology as the driving engine, and platforms as key carriers, poses systemic challenges to the traditional intellectual property (IP) system. Under the data-driven innovation model, features such as blurred IP rights boundaries, diversified interest holders, and chained value realization have led to increasingly prominent interest imbalances between rights holders and users, individuals and platforms, innovation incentives and the public interest. Based on the property rights separation framework established by China's "Twenty Articles on Data" and drawing on domestic and international judicial practices and legislative explorations, this paper analyzes from a jurisprudential perspective the manifestations and generative mechanisms of interest imbalance. It proposes a jurisprudential reconstruction path centered on "dynamic interest balance," grounded in "layered bundles of rights," and safeguarded by "collaborative governance," aiming to build an IP system adapted to the digital economy and provide legal guarantees for cultivating new quality productive forces.
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