Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

Commercial Data Governance: Developing Typology-Based Intellectual Property Protections

Ph.D. candidate, China University of Political Science and Law, China

Correspondence to Shiya Ma, E-mail: msy50589@gmail.com

Volume 20, Number 2, Pages 119-144, June 2025.
Journal of Intellectual Property 2025;20(2):119-144. https://doi.org/10.34122/jip.2025.20.2.119
Received on March 31, 2025, Revised on April 24, 2025, Accepted on May 30, 2025, Published on June 30, 2025.
Copyright © 2025 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

With the rapid advancement of digital technologies, commercial data have emerged as fundamental elements of the digital economy, demonstrating increasing significance. Characterized by their intangible nature, non-rivalry, and non-excludability, commercial data exhibit substantial compatibility with intellectual property subject matter. The inherent flexibility of intellectual property regimes, coupled with the convergent legislative values of data protection and intellectual property governance, establishes both the feasibility and legitimacy of protecting commercial data within intellectual property frameworks. This context renders the introduction of a categorized protection approach that is theoretically valuable and practically significant. Within the framework of the intellectual property rights system, a classified protection system can be established based on the different characteristics of commercial data. For data collections that are original selections, the protection rules for compilations in copyright law can be applied. For commercial data that meet the requirements of secrecy, value, and confidentiality, protection can be provided through the trade secret system. For general commercial data that have been deeply processed but lack originality or secrecy, exploring the establishment of a new type of data intellectual property rights system is necessary in order to achieve a balance of interests by granting limited exclusive rights. Such differentiated protection mechanisms would systematically address the heterogeneous nature of commercial data assets while maintaining appropriate incentives for data production and circulation in digital markets.

Keywords

Commercial data, Data classification, Data protection, Intellectual Property

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Section