At the initial exploration stage of empowering protection of commercial data,there is a practical need to introduce a special provision on commercial data within framework of anti-unfair competition law.Given the similarity between the special provisions on commercial data and those on trade secrets,it is necessary to enhance these special provisions at the institutional level,delineate their scope of application,and clarify their interrelationship.This involves establishing that commercial data protection is oriented to exchange value,clarifying that the object of commercial data is"data products and services",introducing a requirement for"publicity"of commercial data,distinguishing between"technical management measures"requirement for commercial data and"confidentiality measures"requirement for trade secrets,using"the meaning of secret management"and"the objective state of public disclosure"as the factors for judgment,and typifying the applicable relationship between the"special provisions on commercial data"and the trade secrets clause.
anti-unfair competition lawspecial provisions on commercial datacommercial datatrade secrets
NETL
NSTL
万方数据
