Analysis On The Case Of Unfair Competition In Sina Weibo

Big data is a collection of specific purposes,which needs to be mined by computer technology.It has the characteristics of large quantity,variety and high commercial value.With the advent of the era of big data,the value of data information is becoming more and more obvious.Enterprises pay more and more attention to the acquisition,possession,development and utilization of data information,followed by frequent legal disputes of data information,and the legal protection of data information needs to be strengthened.However,at present,there is no special law on big data in our country,and there are many blank areas in our law on big data.In the case of sina Weibo suing unfair competition,Sina Weibo claimed that the educational information and professional information of users are the business secrets of sina Weibo,but sought to protect its legitimate rights and interests under the general provisions of the anti unfair competition law.As the current law does not define the legal position and protection mode of data information,the court of second instance did not respond to whether the user information is a trade secret.At present,data protection mainly relies on the protection of the compilation works of copyright law,the general provisions of anti unfair competition law and the protection of trade secrets.Among them,the protection of trade secrets is more comprehensive,more powerful,and the applicable rules are more clear.However,the protection of trade secrets is less used in judicial practice,and there are few cases of infringement of trade secrets,among which the winning cases are even rarer,few,and the protection path of trade secrets is insufficient,such as the identification of trade secrets is vague,it is difficult for the obligee to provide evidence,and it is difficult To prove that the technical means used by the infringer are improper.In order to adapt to the development of digital economy,China’s law needs to make clear that the data information from the public domain is confidential under specific conditions,and reasonably allocate the burden of proof between the obligee and the infringer.The obligee should prove that the data information conforms to the constitutive requirements of trade secrets,preliminarily prove the infringement of trade secrets,and the suspected infringer should bear the trade secrets claimed by the obligee The secret does not meet the legal conditions of trade secret and the information used has legal sources.Using the rule of transferring the burden of proof,we can solve theproblem that it is difficult for the obligee to provide evidence.Improve the protection path of big data trade secret,better protect the personal information security of network users,at the same time,it is conducive to protect the business results of Internet enterprises,in addition,it can effectively maintain fair and equal competition order,and provide a good and stable market competition environment for enterprises.