Analysis On Sina Microblog Vs.Maimai From The Perspective Of Anti-unfair Competition Law

With the double-support of the Internet and high technology,data is deeply changing the interaction mode and business model of this time,becoming an important production factor and core competitiveness between enterprises,especially Internet enterprises.However,with the free development of the commodity economy,many new types of unfair competition behaviors continue to emerge,and data disputes in the Internet field have also attracted unprecedented attention.While,within the existing legal framework of our country,there is still no clear legal norms as a guide for the settlement of data disputes.Authority mainly applies the general provision of Article 2 of the Anti-Unfair Competition Law,but the content and scope of this provision are obscure,lacking clear operating standards,which creating a lot of uncertainty for the resolution of data disputes.Sina Microblog vs.Maimai is the "first case of unfair competition disputes caused by data" in China’s Internet field,which legal issues involved are extremely novel and groundbreaking.The case was closed by Beijing Intellectual Property Court on December 30,2016,but the discussion of related legal issues and similar cases have never ceased in the theoretical and practical circles.This shows that "Sina Microblog vs.Maimai Case" is highly typical,with many difficult problems in the middle,which have valuable value for in-depth analysis and research.This article uses parallel and progressive structure,taking Sina Microblog vs.Maimai as a case,to analyze the relevant legal issues that may be involved in data disputes in the Internet field,with a view to making small and large issues to help to solve the data dispute-related issues.This article analyzes "Sina Microblog vs.Maimai Case" from the view of anti-unfair competition law,and mainly follows the basic idea of "submitting problem → analyzing problem → solving problem".In addition to the Introduction and Conclusion,the article is mainly composed of the following five parts:The part Ⅰ: Summary of the case of "Sina Microblog v.Maimai Case".Briefly introduce the basic situation of the "Sina Microblog v.Maimai Case",and briefly comment on the content of the two judgments and the three main controversial issues of competition,data ownership,and judgment standards,leading to the following content;The part Ⅱ: The analysis of whether the competitive relationship is the identificationstarting point of unfair competition.Based on a clear interpretation of the basic theories of competitive relations,it combs the development trend of the definition of competitive relations from the original industry-oriented to a broader identification idea or even a non-essential position.Specific analysis of relationship issues;The part Ⅲ: Discussion on the legal qualification of data ownership.First,discuss the theory of personal data rights,property rights,trade secret rights and other theories about data ownership from a theoretical perspective,and combine the data ownership issues involved in this case with theory and practice to explain the problem;The part Ⅳ: Research on the judgment standard of the legitimacy of behavior.This section analyzes the connotations of the terms "industry practices","business ethics",and "honest and credit" as specified in the general provisions of Article 2 of the Anti-Unfair Competition Law,which is the basis for resolving Internet data disputes.To analyze the legitimate questions of Sina Microblog data behavior;The part Ⅴ: The Enlightenment of "Sina Microblog v.Maimai Case" to China’s Anti-Unfair Competition Law Based on the legal issues reflected in the foregoing analysis,effective solutions are proposed.First of all,it is proposed that the role of the definition of competition relationship should be flexibly played in the determination of unfair competition behavior,and it is clear that the law regulates unfair competition behavior rather than competition relationship;The supervision of the platform manager’s obligations,the regulation of third-party data acquisition and use behaviors,etc.;the last thing is to clarify the judgment standards for unfair competition in data grabbing,and it is recommended to add legal regulations on data disputes and clarify their constituent requirements,Refine business ethics with good rules of conduct,and be good at analyzing and summarizing existing data disputes in the Internet field to provide clear rules of conduct and refereeing guidelines for similar cases in the future.