China's civil legislation on the protection system of data property rights and interests is currently blank.Starting from the first case of illegal API interface data trafficking for profit,this paper discusses the controversial issue of whether data property rights and interests should be protected under a property rights model or the protection mode of anti-unfair competition law.This paper makes an in-depth study on the theoretical dilemma of the data property right protection model,the difficulties in obtaining trial evidence,judicial practice experience of applying the anti-unfair competition law to deal with data infringement disputes,and legislative regulations.It concludes that the anti-unfair competition law protection model should be adopted in legislation to regulate the distribution of data benefits and the judicial relief of infringement.There is no need to create complex and highly exclusive data property rights to protect data;rather,it shall create a data protection system that can not only better protect the legitimate rights and interests of data holders,but also effectively promote the circulation and use of data.
big dataproperty rights protectionanti-unfair competition lawdata circulationjudicial relief
NETL
NSTL
万方数据
