Research on Liability for Tort Damages of Data Property Right

Abstract: The protection of data property rights by the tort damage compensation system can effectively balance the interests of the subject of right and the public's, and is more conducive to dealing with the complex and changeable infringement cases of data property rights. By analyzing the deficiency of patent law and antiunfair competition law in data property rights protection, combined with the role of right relief of infringement damage compensation system , demonstrates the rationality and advantages of the infringement damage compensation system in data property rights protection. The characteristics of infringement of data property right determine the applicable of doctrine of presumption, which is more conducive to balance the interests between the subject of right and the others. Moreover, the identification process of tort, causality and damage is in line with the current law policy of protecting data property rights.