Core Viewpoint - The case of "Xiao Wang Shen" infringement has been ruled by the Nanjing Intermediate People's Court, affirming that Taobao Tmall holds data rights over its platform's operational data and derived data products, marking a significant legal precedent in the protection of data rights for large internet platforms [1][3]. Group 1: Legal Context - The ruling is recognized as a landmark case in the realm of data resource law, often referred to as the "first case of data resource law enforcement in the country" [1]. - The court determined that Taobao Tmall possesses commercial secrets and data rights over three categories of data: raw information, processed operational data, and derived data products [3]. Group 2: Infringement Details - The "Xiao Wang Shen" software was found to have illegally accessed and sold Taobao Tmall's operational data, generating an estimated illegal income of approximately 22.96 million yuan [3]. - The court ordered the defendants to cease their infringing activities and pay punitive damages of 30 million yuan to Taobao Tmall, along with reasonable expenses of 100,000 yuan [3]. Group 3: Data Rights and Protection - The ruling reinforces the concept of "data three rights," which includes holding, using, and processing rights over data, thereby clarifying the ownership and protection of data rights in the digital economy [3]. - The "Xiao Wang Shen" software's official channels still display links to plugins with infringing functionalities, indicating ongoing challenges in enforcing the ruling [4].

Investment Rating - The report does not explicitly provide an investment rating for the industry Core Insights - The report highlights the increasing importance of data as a fundamental resource and key production factor in the digital economy, emphasizing its role in market competition and production processes [14][15] - It discusses the growing trend of data rights disputes among enterprises, driven by the expansion of data usage and the increasing awareness of data rights protection [16][17] - The report identifies various trends in data rights disputes, including the extension of cases from the internet sector to traditional industries, the diversification of data infringement methods, and the emergence of issues related to data transactions [39][40][44] Summary by Sections Recent Characteristics of Enterprise Data Rights Disputes - The report analyzes 89 effective civil cases related to enterprise data rights from 2016 to 2023, showing an overall increasing trend in such cases, particularly after 2019 [22][23] - The geographical distribution of cases is concentrated in economically developed regions with specialized data courts, with Beijing, Zhejiang, and Guangdong being the top three areas [26] - The industry distribution indicates that most disputes arise in social communication, e-commerce, multimedia video, and financial sectors, with social communication and e-commerce leading the way [31] - Compensation amounts in these cases are generally modest, with most falling within the range of 0 to 1 million yuan, highlighting the cautious approach of courts in awarding damages [33] - The primary cause of action in these disputes is identified as unfair competition, accounting for 74% of the cases analyzed [38] Trends in Recent Enterprise Data Rights Disputes - The report outlines several key trends, including the shift of involved enterprises from the internet sector to traditional industries such as transportation and healthcare, driven by policy encouragement [40] - It notes the increasing variety of data infringement methods, including unauthorized data scraping and API abuse, which complicate the legal landscape [44][46] - The report highlights the emergence of disputes related to data transactions, emphasizing the need for clearer regulations and compliance measures in the data trading market [51][52] - It discusses the recognition of the overall value of data resources, moving beyond the protection of raw data to encompass the rights associated with derived data [56][57] Judicial Protection Paths and Trends - The report examines various judicial protection paths for enterprise data rights, including copyright, trade secret, and competition law protections, and provides recommendations for enterprises to safeguard their data rights [21][4] - It emphasizes the importance of establishing robust internal mechanisms for data rights confirmation to effectively protect against infringement [33]