Empowering the Development of New Productive Forces: Three Dimensions of the "Delimitation of Rights" of the Enterprises' Data Assets
time:2025-01-06Author Information
Yang Dong, Male, Dean of the Law School at Renmin University of China, Professor, Ph.D. Supervisor, Doctor of Law, and Distinguished Professor of the Ministry of Education's "Cheung Kong Scholars Programme of China"; Gao Yicheng, Doctoral Student, School of Law, Renmin University of China
Abstract
The transformation of data resources to data assets is not only a leap forward in the digital economy, but also a significant chance to develop new productive forces. Data assetization broadens the channels for data circulation, optimizes the market allocation of data by clarifying the boundaries of data property rights and reducing transaction costs of data. Data assets have both the universality of assets and the particularity of data elements, and redefining the definition of enterprises' data assets is the proper way to realize the value of data. Specifically, the three dimensions of the "creating / controlling / trading" of data asset separately refer to: creating data property rights through data registration or the registration of data intellectual property, instituting the fiction of "dynamic control" by data policies to decrease the transaction costs of data, and improving the data revenue distribution system to stimulate the positive cycle of enterprises' data. The three dimensions can fill the gap between data rules in different research fields and ensure the consistency of data policies. Also, it can break the shackles of data transactions and maximize the multiplier effect of data.
Keywords: data assets; new productive forces; twenty articles on data; theory of property right; Coken