Research On The Identification Of Unfair Competition Behavior In Data Capture

In the context of the era of big data,the value of data has become increasingly prominent with the continuous development of the digital economy,and there have been more and more unfair competition disputes caused by data capture.Due to the lag of legal provisions,the standards for determining unfair competition in data capture are different in judicial practice,and different judgments have appeared in similar cases.Therefore,this paper takes the unfair competition behavior of data capture as the research object,and conducts research on the identification of unfair competition behavior of data capture in China.First of all,this paper introduces the cases of unfair competition that have been judged by China courts about data capture behavior,and summarize their controversial focuses.Secondly,it explains the concept of data,analyzes the general way of data capture,and paves the way for subsequent research on unfair competition behavior of data capture under the framework of the current Anti-Unfair Competition Law.Thirdly,by analyzing the status quo of unfair competition behavior in data capture,it is found that in Chinese current legal system,there is no clear legislative provision on unfair competition behavior in data capture.Article 12 of the Anti-Unfair Competition Law The provisions of the fourth item of the second paragraph of the "Miscellaneous Provisions" are also very vague.In Chinese judicial practice,there are also limitations in the application of General Provisions to unfair competition in data capture,difficulties in identifying data protection with trade secret provisions,and low usage rates of the Internet Clause.Then,through exploring and analyzing the relevant methods of identifying unfair competition behaviors in data capture by foreign countries and regions,and combining with the peculiarity of competition in the Internet market in China,we can draw worthy reference and inspiration.Finally,put forward some suggestions on improving the identification of unfair competition in data capture.On the one hand,it is possible to identify unfair competition behaviors in data capture by improving the applicable conditions of the Internet Clause;on the other hand,it is possible to add categorized clauses on unfair competition in data capture,so that unfair competition in data capture can be more accurately identified.