On The Property Right Attribute Of Commercial Data

The General Rules of the Civil Law has changed the legal positioning of commercial data several times,and finally adopted open legal provisions to reserve space for its future development.Commercial data disputes occur frequently in judicial practice,and the data industry urgently seeks a system of property rights that can be actively utilized.Although the court generally invokes the Anti-Unfair Competition Law to provide a negative protection mechanism for commercial data,the court 's attitude towards the identification of commercial data is not static,and it tends to gradually shift the legal nature of commercial data from property interests to a clear Property rights.To solve the macro-level system construction problems such as the establishment and attribution of commercial data property rights,it is inseparable from the micro-level research on the legal attributes of commercial data.The formation process of commercial data is based on personal information,but there is an essential difference between the two.The attribute of commercial data is a kind of property,and the protection mode of the personality right of the data is not conducive to the development of the data industry.Data has not been born out of thin air for a long time.Commercial data can become a property right not only related to its own value enhancement,but also related to the change of the property right system.Productivity changes have promoted the diversification of property rights objects,and it is feasible to incorporate scarce,specific and transferable business data into the property rights system.From the perspective of adding value to labor and the perspective of cost benefit,it is legitimate for data operators to enjoy data property rights.However,legitimate property rights should take into account the equality and justice of distribution,and it is undesirable for operators to enjoy completely monopolized data property rights.You can refer to the intellectual property system to seek a path to property rights,and set goals with limited control of data and the promotion of sharing.