Research On The Construction Of Business Data Intellectual Property Protection

Since the 19th National Congress of the Communist Party of China,China’s digital economy has flourished.In 2022,its overall scale has reached 45.5 trillion yuan,ranking second in the world,accounting for 39.8%of GDP.The average annual growth rate is significantly higher than the average GDP growth rate of the same period,and it has increasingly become a core engine and key force to promote high-quality,healthy,and healthy economic development.In the era of digital economy,data has become a fundamental factor of production,a new source of wealth,and an important controlling force.Business data,as an important classification of data,is the core strategic resource for commercial entities to gain market competitive advantages and seize market share,and endows it with unprecedented value connotations as a basic factor of production.Therefore,how to define the boundaries of commercial data ownership,explore the path of commercial data protection,and ensure the reasonable flow,full utilization,and effective protection of commercial data is not only a hot topic in academic research but also a key proposition in practical development.Business data and intellectual property conform to the legal basis of similar adjustment objects,consistent theoretical basis,and consistent institutional goals,so intellectual property has sufficient applicable prerequisites for protecting business data.China’s "Outline for Building a Strong Intellectual Property Country(2021-2035)" and "14th Five Year Plan for the Protection and Application of Intellectual Property Rights" clearly arrange the deployment of commercial data intellectual property protection work,propose to carry out theoretical and practical research on commercial data intellectual property protection,and explore legislation for commercial data intellectual property protection.Building intellectual property protection for commercial data,as a significant theoretical innovation and practical exploration,faces unprecedented opportunities and challenges.On the one hand,business data is different from the existing types of objects of intellectual property,and has the independent characteristics of complex property forms,diversified interest demands and hidden endogenous value,which makes the protection of business data applicable to existing intellectual property laws and regulations difficult;On the other hand,the new objects,technologies,and models of commercial data in legislative and judicial practice bring practical challenges to intellectual property protection of commercial data.At present,the research on the construction of intellectual property protection for commercial data in China is in the "latecomer" stage.It is urgent to establish a characteristic model of "classification protection+specialized legislation" for commercial data intellectual property rights based on the basic theories of defining the concept,classification,characteristics,and ownership of commercial data,adhering to the "problem consciousness" and based on the current legislative and judicial status of commercial data intellectual property rights protection in China,and fully absorbing and drawing on the beneficial experiences of foreign countries and international organizations on commercial data intellectual property rights protection.That is,on the one hand,we should maintain a modest legislative attitude,respect the stability of existing laws and regulations,and protect trade secrets,special laws on intellectual property rights,and anti unfair competition laws according to the logic of different protection levels and rights relief.On the other hand,building a set of specialized legislation with the core of subject scope,object standards,rights content,protection period,abuse restrictions,and infringement remedies,providing a broader stage for future protection of commercial data intellectual property rights.Construct a business data intellectual property protection path that conforms to Chinese characteristics of "classification+specialization" and"current+future",and promote the healthy,rapid and sustainable development of China’s digital economy and data industry.