Anti-unfair Competition Law Behavior Regulation Mode Protection Of Enterprise Data Rights And Interests

In the context of the Internet economy,when data is increasingly becoming the core of commercialized use and competition,there are numerous cases of unfair competition concerning corporate data rights.At present,there is no specific law for protecting corporate data rights in legislation.Academic theory has proposed two different types of protection modes: rights protection mode and behavior regulation mode.In current judicial practice,general anti-unfair competition law provisions are usually applied to determine whether it constitutes unfair competition.However,there are deviations in its application of anti-unfair competition law positioning of corporate data rights and its protection methods.Most of the determinations of competitive behaviors favor the right protection model rather than the behavior regulation model.The specific manifestations are three aspects: one is to use corporate data as a prior right protection;the other is to determine whether an unfair competition is constituted based on abstract moral judgment standards,and only an abstract and static judgment is made on the behavior determination;the third is Ignoring the inherent modesty of anti-unfair competition law,identifying unfair competition behavior as unfair,and expanding the scope of unfair competition behavior.The identification of unfair competition behavior should abandon the right protection mode and adhere to the behavior regulation mode.Therefore,it is an urgent task to correct the wrong tendency of the right protection mode and clarify the positioning of enterprise data rights and the application of protection methods.The three aspects of why applicable behavior regulation model,what behavior regulation model is applicable,and how to better apply behavior regulation model constitute the complete logic and approach to the protection of corporate data rights against unfair competition law.First,it demonstrates the justification of establishing a behavioral regulation model.The root cause of the problems in the application of judicial practice to the protection of corporate data rights and interests lies in the insufficient understanding of market competition freedom and the logic of competition itself.The concept of dynamic competition and neutrality of competitive damage determine the protection of corporate data rights as a kind of competitive interest in anti-unfair competition law.At the same time,the modest nature of anti-unfair competition law requires that judicial decisions should avoid excessive interference and return the determination of competitive behavior to the competitive behavior itself.Secondly,what kind of behavior regulation model should be adopted to protect the rights and interests of enterprise data.Regarding the judgment of behavioral justification,a complete method of measuring benefits is constructed from three aspects: the premise of identification,the elements to be considered,and the method of identification.Clarify the positioning of corporate data in the anti-unfair competition law,establish a standard for determining that competition is not distorted,comprehensively consider the interests of operators,consumers,and the public and the public,and introduce an analysis framework of the principle of proportionality to analyze the overall effect of competition on individual cases.Finally,the application of the norms of interest measurement is proposed.First,based on the positioning of corporate data in different sectoral laws,the scope of the protection of corporate data by other sectoral laws and the space left by anti-unfair competition law are demonstrated to clarify the boundary between anti-unfair competition law and other sectoral laws.Secondly,it demonstrates the consistency between the general provisions and the benefit measurement,and realizes the interest measurement through the interpretation and specific application of the general provisions.Finally,the application of the benefits measurement method is demonstrated in combination with specific practices,including the specific definition of the three interest elements of business operators,consumers,and social and public interests in the protection of corporate data rights and interests.Provide protection of corporate data rights against unfair competition laws.