Anti-third-party Infringement Based on the Perspective of Data Resource Holding Rights

Abstract

With the rapid development of Internet economy, data has become the fifth production factor after land, capital, labor and technology. While digital economy has become a new growth point of China’s economy, it has also caused a series of data infringement and anti-infringement issues. At present, the main judicial protection path on data infringement in China is the anti-unfair competition law. However, since the anti-unfair competition law is mainly based on the protection of competitors’ competitive rights and interests to regulate competitors’ behaviors, it lacks a clear identification of data attribution, and has some defects such as too narrow right to claim compensation, unable to achieve effective prevention and relief in advance. At the same time, because the data object is too complicated, the classification of data object is confused and unclear, resulting in the lack of unified and clear judgment standards for the identification and division of data attribution in practice. These problems greatly hinder the transaction and circulation of data, and affect the effective release of data economic benefits. Starting from new data infringement cases in practice, this paper divides data into three categories: user usage data, platform service data and data products, and focuses on user data and platform service data to explore a new data protection framework based on the perspective of data resource holding rights.