知识产权视域下非法获取商业大数据的刑法规制OA北大核心CHSSCDCSSCI

Big data has the characteristics of non-competition,property,non-originality and strong monopoly.In practice,the illegal acquisition of commercial big data is regulated only by the crime of illegally obtaining computer information system data,ignoring the property nature of big data.Regulating illegal acquisition with the crime of infringing trade secrets ignores the protection of disclosed commercial big data,and is also prone to data monopoly.Protecting commercial big data as a new type of property ignores the protection schemes that may exist within the existing legal system.Big data rights and intellectual property rights have an affinity in terms of right objects,rights restrictions and institutional objectives,so commercial big data can be protected with the intellectual property system.Since big data was not original,it was difficult to be a compilation work,but it could be protected as the subject matter of neighboring rights.Therefore,the rights of big data collectors can be stipulated in the Copyright Law,and the types of infringement of big data can be added to the crime of copyright infringement,so as to regulate the illegal acquisition of commercial big data.