Research On Legal Protection Path Of Enterprise Data Rights And Interests From The Perspective Of Property Rights

In the era of big data,data of enterprise contains huge economic value.As the "oil" in the new era,because the complex interests involved in enterprise data,disputes about data ownership occur frequently among enterprises.However,due to the current controversy over the qualitative and attribution division of enterprise data property ownership,although the legislative and judicial fields have carried out some explorations around the protection of enterprise data property,most of them have avoided the disputes in the form of guiding provisions or blank space,but there are still some limitations,which is not conducive to promoting the exchange and circulation of data resources.Based on the theoretical basis of considering the positioning of property rights in enterprise data,this paper takes the protection of property rights in enterprise data and its system construction as the core,and holds that independent property rights should be set up on enterprise data to provide direct legal basis for the protection of enterprise data property rights.At the same time,combined with the characteristics of the enterprise data,the data value generation mechanism as the basis,the hierarchical classification of property rights protection content and rights restrictions,taking into account the incentive of enterprises to continue to invest in the data industry and the protection of social public interests,explore a property rights allocation and optimization path which is compatible with the development of digital economy and data industry,and the enterprise data object attributes.This paper is divided into three parts: introduction,body and conclusion.The body is divided into three chapters.The second chapter is an overview of property rights of enterprise data.Starting with the concept,classification and physical characteristics of enterprise data,this paper analyzes the basic connotation of enterprise data,and then tries to obtain the property warrant of enterprise data theoretically from the perspective of its own special economic value and value realization path.The third chapter,through the theoretical construction and judicial practice analysis of the existing protection mode,demonstrates the experience and deficiencies of the existing protection mode of anti-unfair competition law,trade secret copyright,law and criminal law.The fourth chapter is about the construction of property rights of enterprise data,classifying enterprise data content by data sets and data products,and discussing the differences in the exercise and restriction of rights of different data respectively.