Abstract:
Industrial data is a key production factor of a modern economy, and whether it can be effectively circulated and pooled will affect the achievement of the goal of new industrialization. Industrial data holders may not be willing to trade data, so that the value of industrial data cannot be fully utilized. The legal order should make use of the compulsory contracting rules in civil law to establish a compulsory contracting system for industrial data and break down the subjective barriers to data transactions. Compared with mandatory interconnection, compulsory licensing and data crawling, the mandatory contracting system for industrial data is more legitimate and feasible, and can promote data circulation on the basis of meeting legal requirements. When there is only one single source of industrial data or the industrial data platform constitutes a critical infrastructure, the industrial data holder may not, in principle, refuse a contracting request from the counterparty. Contracts for data transactions should be concluded on reasonable terms. The legal system could establish a negotiation mechanism, modelled on the royalty pricing process, to help the parties to a transaction reach agreement on a reasonable price. The compulsory contracting institution for industrial data will revitalize the industrial data circulation market and promote the efficient circulation of industrial data under the premise of fully protecting the legitimate data rights and interests of enterprises.