On The Civil Law Protection Of Enterprise Data Product

In "Taobao v.Meijing case",the court regards the data set that can bring property interests and competitive advantages to the enterprise as a special product of the enterprise,and protects the property interests reflected by the special product of the enterprise.Unfortunately,there is no explanation for the concept of "enterprise data products".In academic circles,the discussion on the concept of "enterprise data products" is also in the ascendant,with different opinions.This paper is divided into five parts.The first part introduces the background,significance,status and research methods of enterprise data products,and through the analysis of research background,academic research and legislative status,to find the writing direction of this paper.That is,from the perspective of defining the concept,characteristics and nature of "enterprise data products",and through clarifying the necessity and feasibility of protecting enterprise data products in civil law,and then from the perspective of unfair competition behavior and the protection of property interests,to explore the protection path of enterprise data products,in order to better protect enterprise data products.The second part introduces the concept and characteristics of enterprise data products,the difference with similar right objects and the nature of enterprise data products,which lays the foundation for the whole article.The third part analyzes the current situation of judicial protection of enterprise data products.Through the analysis of typical cases in judicial practice,we can find the significance and deficiency of applying anti unfair competition law to protect enterprise data products.The fourth part expounds the necessity and feasibility of civil protection ofenterprise data,and provides theoretical basis for civil protection of enterprise data products.The fifth part puts forward suggestions on how to improve the civil protection system of enterprise data products.The author believes that we should make clear the legal position of enterprise data products,improve the restriction system of the use of enterprise data products,improve the transaction system of enterprise data products,the sharing mechanism and relief mechanism,and build the supervision mechanism of enterprise data products.