As a new factor of production,data plays an increasingly important and fundamental role in the high-quality development of the digital economy and has become a competitive asset in the digital economy market.In order to obtain and maintain competitive advantages,intense competition among operators often leads to instances of unfair competition.In judicial practice,the regulation of such data-driven unfair competition mainly relied on the"general provisions""internet-specific provisions"and"trade secret provisions"of the Anti-Unfair Competition Law.While these three clauses play a certain role,the lack of clarity in applicable conditions pose challenges,resulting in inadequate predictability.Therefore,it is recommended to cautiously apply the"general provisions",refine and optimize the"internet-specific provisions",and prioritize specific clauses.With the third revision to the Anti-Unfair Competition Law,it is imperative to delineate unfair competition behaviors in the commercial use of data,and balanced design of the exception clauses.Using the principle of case-by-case analysis to address the reality of fierce and dynamic competition in the digital economy,it encourages multiple-stakeholder participation,deepens inter-sectoral coordination,and comprehensively applies multiple systems and tools to improve the model of"co-construction,co-governance,sharing and win-win"in data commercial utilization and the regulatory framework for unfair competition.
关键词
数据商业利用/不正当竞争/个案分析/司法实践/共建共治共享共赢
Key words
commercial use of data/unfair competition/case-by-case analysis/judicial practice/co-construction,co-governance,sharing and win-win
维普
万方数据