Private Law Theory

ABSTRACT
‘Data intellectual property’ is a unique concept under China’s data property law. Yinmu (Shanghai) Technology Co, Ltd v Shujutang (Beijing) Technology Co, Ltd clarified for the first time that the ‘Data Intellectual Property Registration Certificate’ obtained for the dataset in question could serve as preliminary evidence of Shujutang’s entitlement to the proprietary interests related to the dataset. It may also serve as initial proof of the legality of the data collection activities or the dataset’s source. This case established a framework for adjudicating dataset infringement cases: If a dataset is publicly available and exhibits originality in the selection and arrangement of its content, it should first be protected as a compilation work. If the dataset is not readily accessible to professionals in the relevant field, it can be protected as a trade secret. If the dataset is publicly available and the selection or arrangement of the data lacks originality, then, in the absence of copyright or trade secret protection, it may be protected under Article 2 of the Anti-Unfair Competition Law, depending on the circumstances.

Wu, Hong, Data Intellectual Property Registration and Remedies: Yinmu (Shanghai) Technology Co, Ltd v Shujutang (Beijing) Technology Co, Ltd (November 2, 2024).