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The research is constructed on three layers of questions. The first layer of questions is concerning the conceptual aspect of data. In this regard, I will explore the nature of data and analyze the existence in legal system. Then a conclusion will be made on if “data information” is a proper concept in lawmaking in China. The second layer of questions relates to the justification or falsification of protecting industrial data with exclusive rights. As a potential object of intellectual property rights, both legal and economic theories will be used to examine whether industrial data should be bonded with exclusive rights by law, especially under the context of China. The third layer concerns the methodological questions, regarding to the approach of constructing a systematic legal protection for industrial data. Even if the protection industrial data is justified, questions still exist concerning to the means of protection. Different approaches of protection lead to very different consequences and a more reliable solution may be found not only from the experience of jurisdictions such as EU and US, but also from legal theories. Based on this structure of research, a relatively complete conclusion may be drawn for the regulation of “data information” and industrial data protection.

Data information as a new subject matter of IP: What can China learn from Europe?