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Analysis of Legal Protection Pathways for Commercial Data under the Anti-Unfair Competition Law
- 1 Harbin Institute of Technology
* Author to whom correspondence should be addressed.
Abstract
In the era of digital economy, as a core resource for enterprises and a critical element of market competition, the balance between the protection and circulation of commercial data has become a key proposition for promoting high-quality economic development. Although the Opinions on Building a Foundation for Data Systems to Better Leverage the Role of Data Elements issued by the Central Committee of the Communist Party of China and the State Council has clarified the framework for foundational data systems, China's Anti-Unfair Competition Law still faces challenges such as ambiguous application of legal provisions, unclear definitions of protection scope, and difficulties in judicial practice recognition. This paper analyzes typical cases such as “Sina Weibo v. Momo” and “Dianping v. Baidu,” dissecting the root causes of dilemmas from perspectives including legal lag, inherent characteristics of commercial data, and insufficient market maturity. In response, this paper proposes solutions such as adding special provisions for commercial data, establishing criteria for object identification, and optimizing the content of the Anti-Unfair Competition Law, drawing on Japan's regulatory experience to fully leverage the “incubator” role of the Anti-Unfair Competition Law. By curbing unfair data competition while promoting data circulation, stimulating innovation momentum, and establishing a systematic and scientific protection mechanism under the Anti-Unfair Competition Law, this study aims to provide a Chinese solution for data governance and safeguard the high-quality development of the digital economy.
Keywords
Commercial Data, Anti-Unfair Competition Law, Dedicated Provisions on Commercial Data, Intellectual Property Protection
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Cite this article
Yu,Y. (2025). Analysis of Legal Protection Pathways for Commercial Data under the Anti-Unfair Competition Law. Advances in Economics, Management and Political Sciences,181,21-29.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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Volume title: Proceedings of the 3rd International Conference on Management Research and Economic Development
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