Definition of Ownership of Enterprise-Derived Data

DOI: https://doi.org/10.62517/jel.202414305

Author(s)

Jinhao Fang

Affiliation(s)

School of Law, China Jiliang University, Huangzhou, Zhejiang, China

Abstract

In the context of today's big data era, with the continuous high-speed development of enterprises and the expansion of the scope of obligations, there is an increasing amount of derivative data generated within enterprises, and the generation, collection, management and utilization of derivative data are facing many problems. However, in recent years, the judgments of various courts on cases concerning derivative data have not formed a unified standard, and different means have been adopted for the protection of enterprise derivative data, leading to the confusion of the mode of protection of enterprise derivative data in China, which is not conducive to the protection of enterprise derivative data. Based on this, this paper will analyze the legal problems of the current status quo of enterprise derivative data protection in China through the case of Taobao v. Meijing, first of all, it is necessary to identify the infringement, and secondly, it is necessary to clarify the object, subject and content of the rights of enterprise derivative data. It is hoped that it will be beneficial to the protection of enterprise derived data.

Keywords

Data; Enterprise derived data; User information; Definition of tenure; Property rights in enterprise derived data

References

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