Anti Unfair Competition Law Regulation Of Commercial Data In The Era Of Big Data

In recent years,due to the commercial benefits brought by 4G technology progress,the competition of commercial data has become a very important topic.However,due to the lack of legal system,the fuzzy rules and the lag of the system itself,the positioning of commercial data related attributes is fuzzy and the protection method is uncertain.This paper takes the unfair competition of commercial data as the starting point,and discusses the protection of the competition of commercial data from the following perspectives.First of all,this paper starts from the background of the data era,defines the concept of commercial data through the existing legal concepts in current theory and practice,and limits the scope of the research object of this paper.After a comprehensive comparison of the theories of real right,intellectual property and intangible property,this paper holds that the commercial data is not completely consistent with the connotation and extension of the above theories.There is a cross rather than a complete correspondence between commercial data and the above rights system.Therefore,when discussing the protection mode of business data,there will be the concurrence of protection mode.In this paper,the protection mode is divided into general protection and special protection of commercial data.If the business data meets the requirements of the existing intellectual property rights and trade secrets,it will constitute a special protection,otherwise it will be protected by the anti unfair competition legal system.In the third part,this paper summarizes the foreign legal systems and judicial precedents on the protection of commercial data.The protection mode of commercial data should be in the form of judging the legitimacy of the competition behavior involving commercial data,rather than in the form of directly defining the content of commercial data rights of the competitors.In the fourth part,this paper discusses the core theory of business data-"business ethics" in detail by discussing the special attributes of business data and the particularity of using behavior.In order to enhance the adaptability of the general provisions of the anti unfair competition law,this paper intends to construct a procedural analysis framework to refine the composition of business ethics.In the framework of procedural analysis,this paper supplements the content of the framework through many substantive elements.Including industry management,self-discipline convention,technical elements and other substantive elements.