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The value of data intellectual property depends on its application scenario and can change rapidly, challenging conventional collateral valuation and control. Drawing on a qualitative review of the literature and China's pilot practices in data intellectual property pledge financing, this paper examines how scenario‐dependent returns, changing dataset boundaries, and non‐exclusive use generate valuation and enforcement risks. The analysis identifies gaps in legal rules, the definition and control of collateral, and judicial review and disposal. It proposes a framework of scenario‐based rights allocation encompassing pledge creation, the parties’ obligations, regulatory coordination, and judicial review. Registration would specify the intended use, while valuation would assess provenance, authorization chains, and lawful processing. The pledgor would warrant scenario compatibility, and the pledgee would exercise proportionate control that preserves legitimate commercial use. Material changes would trigger reassessment, registration updates, and measures to restore collateral coverage where necessary. Coordinated supervision and structured judicial review would connect valuation assumptions with asset eligibility and recoverability. The framework offers a basis for aligning market valuation with the legal conditions governing data use and disposal in China.
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Yu Wang (2026) studied this question.
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