중국의 데이터 지적재산권 등록 제도에 관한 고찰 — 한국의 데이터베이스 제작자 보호 제도와의 비교를 포함하여 —

China is piloting a data intellectual property registration system in multiple regions to improve the legal governance for data and promote the marketization of data as a production factor. In these pilot regions, normative documents have been issued specifying the registration purposes, registration principles, registration objects, registration contents, registration publicity systems, and objection procedures for data intellectual property. This system is intended to facilitate data protection and transactions; however, numerous problems have arisen during its implementation. Due to the lack of a legitimate theoretical basis and preconditions for rights protection in data intellectual property registration, the effectiveness of local registration systems is insufficient, and the scope of protection is ambiguous. Currently, there are various perspectives in China regarding the legal protection of data property rights, including new-type property rights approaches, intellectual property approaches, and behavioral regulation approaches. The copyright law of South Korea has established a system that includes database producers within the scope of similar to related rights protection, providing an approach for reference; while the implementation of China’s data intellectual property system and the exploration of data protection schemes can also offer ideas and directions for improving the protection system for database producers in South Korea in the context of digital economy.