| The rapid development of Internet technology has brought mankind into the information age.The high convenience of "Internet of Everything" is a concentrated manifestation of this new era.Personal information is also widely used.When people use social software such as We Chat and QQ,Taobao shopping and website browsing will also generate a large amount of information.At this time,the server or network operator will automatically capture and save the personal information,and based on this The integration and in-depth processing of the above forms the product of information.The retention,collection and processing of personal information will form personal information source data,personal information data pool,and personal information data results.The generation of personal information is an important part of the current legal protection of personal information.The protection path of“personality rights ”provided by the “Civil Code of the People’s Republic of China”(hereinafter referred to as the “Civil Code”)cannot be fully extended to other personal behaviors.The scope of information,such as the protection of information and data formed by processing,cleaning and desensitizing treatment on the basis of original personal information.The protection of intellectual property rights is a feasible path,but the existing protection margins are imperfect.Specifically,through the protection of compilation works,the protection of neighboring rights,the protection of software copyrights,and the protection against unfair competition,it is the choice of the specific protection methods of intellectual property rights.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter starts with the basic theories related to the products of personal information application,and analyzes the definition and attributes of personal information.This article believes that personal information is defined by identifiability and has the dual attributes of personality and property;and briefly elaborates The way of personal information application is based on the typed analysis of the generated personal information after application.The author divides it into personal information source data,personal information data pool,and personal information data results based on the application method and the involved subjects.The second chapter will discuss the current rights and interests protection theory and doctrine viewpoints of the products of the application of personal information from the perspectives of civil law and intellectual property rights and analyze the deficiencies of the existing protection models.The third chapter discusses the legitimacy of the application of personal information based on the protection of intellectual property rights.It mainly analyzes some attribute changes in the process of processing,processing,and application of personal information,the rights and interests of the formed information data,etc.,and the formation after application How does the secondary data of China relate to intellectual property rights and the protection of intellectual property rights.Chapter 4 puts forward my own opinions and suggestions on the choice of specific intellectual property protection methods in the application of personal information.Specifically,it is based on the copyright protection of compilation works,the protection of neighboring rights,the protection of software copyrights and other copyright protection models,the protection based on the general provisions of the Anti-Unfair Competition Law,and the protection model based on trade secrets. |
