Research On The Intellectual Property Protection Of Commercial Data

Commercial data refers to the collection of data of economic value and practical value obtained by commercial entities in their business activities and produced after processing.The theory of commercial data rights mainly includes "property right theory","intellectual property right theory" and "intangible property right theory"." Property rights" ignores the intangible and unspecific nature of commercial data,in the case of "intellectual property rights",the existing intellectual property system cannot accommodate commercial data,and "intangible property rights" itself has not yet formed a mature system.At present,the main choice paths for the protection of China’s commercial data law are: copyright law,trade secret,anti-unfair competition law,new property rights.The inclusion of commercial data in the scope of compilation works makes it difficult for copyright law to be logically selfappropriate,trade secret protection is adopted,but with the continuous development of network technology,it is difficult to identify commercial data as trade secrets,through the general provisions of the Anti-Unfair Competition Law protection,the flexibility of this provision can effectively fill the legal gap in the protection of data property rights,but this clause is a principled legal norm,judges have a greater discretionary space,new property rights protection,excludes the right holder’s use of personal data.The high similarity between business data and the object of adjustment,institutional objectives and historical development trajectory of intellectual property rights,enabling the intellectual property system to provide a unique research perspective and institutional reference for commercial data protection research.For commercial data rights,it is incorporated into the intellectual property system,making it a right side by side with copyright,patent rights and trademark rights,and specific protection can be carried out with reference to the existing intellectual property rights system,including the subject,object,power and limitation of rights,tort liability and so on.