On The Legal Protection Of Commercial Data Rights And Interests In China

With the advent of the era of big data,the data has been regarded as the fourth largest strategic resource.The fifth plenary session of the 18 th CPC central committee formally put forward the national big data strategy,which attaches great importance to the protection and utilization of the big data.As an important part of data resources,the economic value of business data is extremely important.The rapid development of commercial data has been accompanied by an endless number of commercial data infringement cases.At present,most commercial data disputes seek solutions in the existing legal system,mainly including intellectual property law and Anti-unfair competition law.But the existing legal protection is not sound and no new law has been created.In this context,the legal protection of commercial data has become a very important and urgent research topic.This paper uses comparative analysis,case analysis and normative analysis to study the legal protection of China's commercial data rights and interests.Besides the introduction and conclusion,the thesis is divided into four parts.The first part is the basic problem of commercial data rights protection.Firstly,it defines the concept and the relationship between data and commercial data.Secondly,it is proposed that business data include three types: original database,trade secret and general commercial data rights.Thirdly,it expounds the institutional value of legal protection of commercial data rights and interests.The second part is the status and problems of legal protection of commercial data rights and interests in China.Firstly,it is clear that there is no uniform mode for the protection of commercial data in China.Secondly,it points out that the problems in the protection of the rights and interests of commercial data lie in the fuzzy definition of the attributes,the unreasonable distribution of the burden of proof in tort cases and the difficulties in the identification of unfair competition.Finally,the reasons of the problems are that the protection of commercial data rights and interests is not in place,the forms of infringement are complex and changeable,and the competitive relationship under the Internet environment is special.The third part is about the mode and enlightenment of data rights protection in foreign countries.This paper mainly introduces the European Union special rights protection mode and America information embezzlement system mode.The former belongs to the strong property right protection mode and does not require the originality of the database.The latter is rooted in the field of Anti-unfair competition law rather than property law and has reference value for general commercial data protection.The fourth part is the suggestions to improve the legal protection of commercial data rights and interests in China.It is the core part of the article.In view of the existing problems in the legal protection of the rights and interests of commercial data in China,on the basis of learning from foreign experience,this paper puts forward three suggestions.The first is that traditional databases and trade secrets will continue to be protected by intellectual property law.General commercial data are rights which are protected by copyright law and Anti-unfair competition law.The second is to strengthen the regulation of unfair competition in commercial data.Combining with "homogeneous competition rules",information theft system and personal information security and other factors.The third is to improve the commercial data tort relief mechanism.It points that the tort determination adopts the method of presumption of fault liability and inversion of burden of proof,and establishes the network liability insurance mechanism and the third party authentication and evaluation mechanism.The exposure of social contradictions needs a process,the legislation needs to be targeted to solve the problem,frequent revision of laws will affect the legitimacy and stability of the law.In China,there is no specific law to protect the rights and interests of commercial data.Commercial data rights can be placed under existing legal frameworks for differential protection.