Data, as a key production factor in the digital economy, raises complex questions regarding rights allocation.
Traditional property-based approaches emphasize absolute exclusivity, which can easily lead to data monopolies and
hinder data circulation. In contrast, the intellectual property (IP)-oriented model, characterized by limited exclusivity
and layered protection, better aligns with the non-rival, replicable, and dynamic nature of data. This paper argues that
the IP approach strikes a more appropriate balance between innovation incentives and public interest. In the short
term, judicial expansion through the Anti-Unfair Competition Law and Copyright Law provides transitional protection;
in the long term, legislation should establish a specialized data IP system featuring clear protection objects, limited
exclusive rights, and functional splitting of data-related entitlements. Ultimately, a framework of “limited exclusivity +
layered protection + disaggregated powers” can promote secure and efficient data flows and maximize social benefits.