Author(s)

Li Xingyan ¹

Affiliation(s)

¹ Faculty of Law, Guilin University of Electronic Technology, No.1 Jinji Road, Guilin, China

Corresponding Author

Li Xingyan

ABSTRACT

In recent years, the legal disputes caused by commercial data have increased more and more. China has no special law on commercial data protection; judicial practice mainly uses the copyright law, trade secret, anti-unfair competition law, and other related laws to protect commercial data, but the use of these separate laws to protect commercial data also has its own shortcomings. The commercial data, as a compilation work, is inconsistent with the protection purpose of copyright. The cost of commercial data becoming a trade secret is huge, and the use of anti-unfair competition law to regulate commercial data gives judges too much discretion. Therefore, the practical demand calls on legislators to enact special legislation to give comprehensive protection to commercial data.

KEYWORDS

Commercial data, legal protection, specialized legislation

CITE THIS PAPER

Li Xingyan. Dilemma and Way out of Legal Protection Mode of Commercial Data. Science of Law Journal (2025) Vol. 4: 1-5. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040101.

REFERENCES

[1] Lu Chunxin. The Construction of the Path of Data Protection Resembling Trade Secrets [J]. Intellectual Property, 2024, (03): 88-106.
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[3] Xiao Dongmei. Can "Data" Be Included in the Category of Intellectual Property Object? [J]. Journal of Political Science and Law, 2024, (01): 137-148.
[4] Feng Xiaoqing. Research on the Protection of Commercial Data from the Perspective of Intellectual Property [J]. Journal of Comparative Law, 2022, (05): 31-45.
[5] Wu Handong. Intellectual Property Law (Seventh Edition) [M]. Beijing: Peking University Press, 2019: 408.
[6] Zheng Jianing. The Property Right Protection of the Information of Business Operators [J]. Tribune of Political Science and Law, 2016, 34(03): 165-175.

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