Research On The Legal Protection Of Data Property

Under the background of big data,data asset has become the main competitive advantage of many enterprises in the market,and the dispute over data property is also increasing.As a new resource,it is difficult to overlap data with the object of existing property,even it is impossible to apply existing laws to adequately protect data assets.Therefore,the need in special legislation for data property protection is increasingly prominent.Based on the unfair competition dispute between Taobao(China)Software Co.,Ltd.and Anhui Meijing Information Technology Co.,Ltd,this paper analyzes the disputes in terms of the protection of data property and points out the predicament of data property protection under the current law,and further proposes the protection plan of data property in order to provide certain theoretical support for the improvement of data-related legislation in China.In addition to the introduction and conclusion,the paper is divided into three parts.The first part introduces the case between Taobao(China)software co.,LTD.,and Anhui beauty information technology co.,LTD.In this case,the two sides have a big dispute about the right attribute and attribution of the data.However,the disputes in this case have not been settled after the judgment,also there are still big disputes over the property and the ownership of data property.The second part discusses the legal dilemma of data property protection.Theoretically,since data is a kind of intangible property,there is a big controversy over its object,so some scholars believe that data property cannot be protected through data property.In terms of legal provisions,although General Provisions of the Civil Law stipulate the principles of data,the nature of data and the right attribute of data are not defined.Besides,whether data can become the object of civil rights is not addressed from alegal perspective.It is difficult for other laws,such as intellectual property law,contract law,trade secrets law and anti-unfair competition law,to effectively protect data property.The third part proposes specific countermeasures to solve the issues of data property protection.On the basis of distinguishing the data of the original data and the derivative data,the paper proposes a protection model for the original data using the anti-unfair competition law,and the derivative data can be protected by intellectual property laws.The data property has different attributes from the object in the current intellectual property law.The data property needs to be listed as a new object of intellectual property,and protected under the intellectual property law.