Research on Compensation Liability for Data Property Right Infringement
As an important factor of production,the economic value of data is obvious.As an independent emerging right,data property right has not formed a unified view on its infringement remedy in the theoretical and judicial circles.Although in practice,anti-unfair competition law is used to protect the property right of data,the limitation of the object of protection makes it impossible to get comprehensive remedy.In fact,as a civil right,it is certainly included in the protection of the infringement damage compensation system when it is infringed,which can effectively balance the interests of the right subject and the public's demand for data use,and is more conducive to dealing with complex and changeable data property rights infringement cases.In determining the establishment of liability,the principle of imputation of fault presumptive liability is adopted,and special exemption is set up.In terms of liability,we still strictly follow the principle of full compensation and give due consideration to risk damages.
data property rightscompensation liability for infringement damagesdoctrine of liability fixationexemption excuses
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NSTL
万方数据
