Construction of Compulsory Contracting System for Industrial Data

Industrial data is a key factor of production in modern economy, and whether it can be effectively collected and circulated will affect the achievement of the goal of new industrialization. Industrial data holders may not be willing to trade data, which prevents the value of industrial data from being fully realized. The legal order should establish a compulsory contracting system for industrial data with the help of the compulsory contracting rules in civil law, and break down the subjective barriers to the trading of data. Compared with compulsory connectivity, compulsory licensing and data crawling, compulsory contracting system for industrial data is more legitimate and feasible, and can promote data circulation while meeting legal requirements. When there is a single source of industrial data or when the industrial data platform constitutes a critical infrastructure, the industrial data holder can not, in principle, refuse the contracting request from the counterparty. Contracts for data transactions should be concluded on reasonable terms. The legal system could establish a negotiation mechanism based on the patent royalty pricing procedure to help both sides of the transaction to reach a consensus on a reasonable price. The compulsory contracting system for industrial data will revitalize the market for the trading of industrial data, and promote the efficient circulation of industrial data on the premise of fully protecting the legitimate data rights and interests of enterprises.