Legal Regulation On Unfair Competition Of Big Data Products

In today’s booming Internet economy,new types of intellectual property are increasingly abundant.As a representative,data has become the core asset for network operators to participate in market competition due to its great commercial value.At the same time,unfair competition behaviors by network operators using data products emerge in endlessly.For the "data products" studied in this paper,the main theoretical viewpoints can be roughly summarized into two kinds of similar ones.First,data products refer to the data assets formed by network operators after processing and integrating information on the basis of collecting user information,which can bring economic value and participate in commodity circulation.Second,the data product refers to the network operator after collecting user information,through complex computer algorithms to find the information between the human brain is difficult to grasp the connection,and these connections through the form of data,form can be used for exchange of products and bring economic benefits.However,for the unfair competition of data products,the regulation of this new type of unfair competition is still in the exploratory stage due to the lack of specific reasons such as the identification of ownership of data in current legislation and the difficulty in identifying the competition relationship under the network environment in practice.This article starts with Taobao Company v.Meijing Company,which is called the first case of unfair competition of data products.It summarizes the case and the focus of the case,andmakes a legal analysis around the focus of the case and the reasons for the court’s judgment,so as to point out the current situation of the regulation of unfair competition of data products and its deficiencies.It tries to put forward the choice of regulatory paths from the four aspects of legislation,justice,law enforcement and the industry in order to regulate the competition behavior of operators and build a standardized and orderly healthy competition order.The full text is divided into four parts,the main contents are as follows:The first part mainly introduces the case of Taobao v.Fairview company’s unfair competition of big data products and the proceedings of the first,second and retrial,and summarizes the focus of the dispute in this case.The second part makes a concrete analysis of the dispute focus in this case,analyzing the three major dispute focuses from the perspectives of legal basis,judgment and reasoning,and interpreting in detail the operators involved in this case’s behavior of collecting user information,the characterization of big data products,and the determination of competition relations in combination with the case.The third part discusses and comments on the current regulation of unfair competition for big data products,respectively from the legislative,judicial and administrative aspects.The fourth part puts forward some thoughts on the regulation of unfair competition behavior of big data products through the above analysis,and tries to put forward a regulation path that meets the actual needs.