데이터와 지식재산 규율체제의 접점과 정책의 유추

• 영문명: Interface and Inference of policy between data and intellectual property regulatory system
• 발행기관: 충북대학교 법학연구소
• 저자명: 김원오(Kim, Won oh)
• 간행물 정보: 『과학기술과 법』제13권 제1호, 1~42쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.06.30

영문 초록

This study focuses on the need to refer to or apply analogy to the intellectual property system that is most similar in essence to data for the effective establishment of non-personal data regulatory policies, which are gaining importance with the advent of the data economy era. In order to establish a virtuous cycle structure of the ecosystem, it is intended to compare the coordinates of a desirable data policy with the intellectual property regulatory system. To this end, we first explore the nature of data and intellectual property and the interface between the two regulatory systems. First, consider the nature of data and intellectual property: i) ‘data as intellectual property (IP)’ (comparative review with data and intellectual property’s subject matters such as inventions, works), and conversely ii) ‘intellectual property as data’ (The informational nature of intellectual property) is understood by considering both aspects. Next, the interconnection link between the IP system and the data regulation system will be examined, taking into consideration what points can be applied by analogy from the characteristics of the established intellectual property protection system. First, after i) analyze the characteristics of the intellectual property protection system, ii) analyze the commonalities and differences in the nature of information and seek contact points iii) check in the context of a common policy structure of creation, protection, utilization and foundation. In data policy establishment, a system that can be inferred from the intellectual property system should be able to support the maintenance and development of the data ecosystem virtuous cycle structure. After comprehensively examining the factors that can be inferred and applied from the IP system, additionally, a few topics such as i) Collective ownership of IP and the concept of total sharing data ownership ii) Non-voluntary license and forced sharing of data iii) Implications of the collective copyright management system through trusts will be discussed in more detail.

목차

Ⅰ. 서설

Ⅱ. 데이터와 IP 규율체제의 접점과 상호 연결고리

Ⅲ. 데이터 규율정책에 유추적용 가능한 IP 시스템

Ⅳ. 기타 IP시스템으로부터 유추한 데이터 정책 검토

Ⅴ. 결론

키워드

데이터경제 지식재산 데이터 규율체계 접점 정책 유추 Data economy intellectual property data regulatory system contact point policy inference