Research On Legal Protection Of Enterprise Data Rights And Interests

In this paper,three on enterprise data in the judicial practice in our country,on the basis of unfair competition disputes cases,judicial referee for existing data acquisition of the enterprise adhere to the principle of "triple license" obvious deficiencies,strict rules of data acquisition for enterprise data circulation and sharing,enterprise data quoted the general terms and conditions of the anti-unfair competition law disputes of great uncertainty,deal with enterprise data to make the distinction between different types,according to whether the enterprise data have identification is divided into the original data and derived data,to obtain the original data agreed by the user,just can,get enterprise derived data must be agreed to,The enterprise data discussed in this paper is the derivative data formed after the original data is processed,analyzed and sorted out,de-labeled and anonymized by the enterprise.The derivative data of the enterprise is endowed with new property rights,and the data holders of the enterprise have the right of data storage,data use,data profitability and data disposal.Enterprise data monopoly will lead to a series of adverse market effects,such as the price of data products,the quality of products or services,and the stagnation of technology development.In order to avoid the data monopoly from the anti-monopoly law to refuse to trade regulations,at the same time to establish the enterprise data sharing and utilization rules,establish the fair use system,compulsory licensing system,statutory disclosure system,in the judicial use should adhere to the modest competition law to strictly restrict the application of the general provisions of the anti-unfair competition law.It is hoped that the research of this paper can make a small contribution to the solution of enterprise data legal disputes.This paper consists of four parts:The first part: Introduction.This paper introduces the research background,research status,research significance and research methods,and generally introduces the research status and research ideas of legal protection of enterprise data.The second part: Introduce the basic situation of the case and summarize the focus of the dispute.By collecting and analyzing three typical cases of enterprise data disputes,such as the case of Taobao v.Meijing Unfair Competition,it presents the obvious deficiency of the applicable legal rules for the trial of enterprise data unfair competition disputes by the current judicial organs,and analyzes and summarizes the main focus issues that need to be studied in this paper.The third part: the legal analysis of the case dispute focus.This article first from the perspective of civil law are analyzed,based on the new enterprise data and define the concept of property rights,clear enterprise data of new property rights are varied with the change of social practice and produce a new type of property rights,the characteristics of the new-style enterprise data property rights,clear property rights for enterprises derived data gives new reality may be,second,laws and theories of legislation in our country,it fully analysis data of new property rights of enterprises.Based on the present situation of our country the current law and judicial practice,gives new property ownership enterprise data is reasonable,to balance the economic interests of enterprises and enterprise data circulation and sharing,so as to realize the effective protection of the rights and interests of the enterprise data circulation and promote the enterprise data sharing at the same time,maintain data market fair and orderly competition.The fourth part: Research countermeasures and suggestions of enterprise data unfair competition dispute cases.Through the analysis of the new property right of enterprise data,the necessity and possibility of the new property right of enterprise data are clarified,and the legislative process of enterprise data should be perfected to establish the new property right of enterprise data.At the same time,in order to avoid data monopoly,regulate enterprise data monopoly behavior,use the anti-monopoly law to regulate the behavior of refusing to trade data,learn from the intellectual property rights in the fair use system,compulsory licensing system and legal disclosure system,promote data circulation and utilization.We should uphold the modesty of competition law in judicial judgment and avoid excessive intervention in the identification of unfair competition.