Governance and management for promoting science and techonolgy in medicine by digital and artificial intelligence
10.3760/cma.j.cn113565-20251010-00268
- VernacularTitle:数智赋能医学科技的治理管理
- Author:
Jian GUAN
1
Author Information
1. 北京协和医学院&中国医学科学院 北京协和医院 国家人口健康科学数据中心（临床医学） 100730
- Publication Type:Journal Article
- Keywords:
Data;
Aggregate Data;
Data property rights;
Data-driven research;
Intellectual property;
Data basic system;
Data control rights
- From:
Chinese Journal of Medical Science Research Management
2025;38(5):359-365
- CountryChina
- Language:Chinese
-
Abstract:
Objective:This study aims to explore the issues of data property rights confirmation based on the original intent of intellectual property (IP) systems and the unique characteristics of data. It proposes potential strategies and solutions for establishing property rights over data and data-driven achievements.Methods:The study utilized a theoretical analysis to investigate the importance of confirming property rights for data and data-related achievements in the context of data sharing and transactions. The study proposd specific protection schemes for data property rights system, given the distinct nature of data compared to traditional " things, " and analyzed the applicability and limitations of traditional property including IP rights to data. Comparative analysis was used to compare data property rights registration and with the protection of copyrights, patent rights, and commercial secrets to Aggregate Data and their product. This study also summarized China′s strategies for promoting data as a factor of production through data property rights systems.Results:Data exhibited multidimensionality and copyability. It possessed characteristics of both " real property" and " personal property", and similarity to those of intellectual achievements. Copyright cannot protect the intrinsic value of the data. Patent rights were not applicable to Aggregate Data, but they cover data-driven research outcomes, including those involving data and algorithms. However, under the unified conditions for substantive examination of patents for authorization, patent examination should reflect the characteristics of the times for " prior art" and " ordinary technician". Data property right registration offers certain advantages in terms of protection, but measures should be taken to avoid excessive protection and abuse of the rights.Conclusions:Big data is not the object of data property rights. The multidimensionality of data determines the multidimensionality of the rights framework. The data rights system include three dimensions: personal data rights, aggregate data rights, and traditional IP rights related to data-driven innovation in conjunction with other technologies. The right to data property can be confirmed through categorical strategy. The traditional IP system can encompass data-driven innovation, and data control rights can provide a basis for data benefits and ensure the income rights of contributors during data sharing and transactions.
