Reflections and progress on the paradigm for identifying unfair competition in data scraping——based on the analysis of 44 judicial documents
Chen Yating, Chen Xi, Cao Yupeng
Center for Study of Intellectual Property Rights,Zhongnan University of Economics and Law
Abstract： Due to the lack of specific legal regulation for unfair competition in data scraping, issues such as judicial irregularity and inconsistent standards have become increasingly prominent. Based on the organization and induction of 44 existing cases, the regulation of unfair competition in data scraping suffers from chaotic prioritization in the application of legal provisions, a disordered logical framework structure, and inconsistent standards for the argumentation of analysis elements. In light of this, to standardize the paradigm for identifying behavior, it is necessary to follow a dynamic and diverse interest balancing mechanism, clarify the priority order of legal provision application, clarify the logical framework for unfair competition in data scraping, and form a hierarchical analysis paradigm with the main elements of behavioral unfairness and damage consequences, and the secondary elements of competitive relationships, data rights, and subjective fault, thereby scientifically and clearly coordinating each analysis element.
Key words : data scraping; unfair competition; identification paradigm
