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企业数据权益纠纷趋势研究报告
北京瀛和律师事务所· 2025-05-09 14:05
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]