关键词: 企业数据权益, 损害赔偿, 区分计算规则, 数据集合, 智能产品

Abstract:

The intangibility and replicability of data make the assessment of damages for infringements upon enterprise data rights a pressing judicial challenge. The dynamic circulation of data， the dependency of data value on specific contexts， and the uncertainty surrounding data-related harm together suggest that damages for infringements on enterprise data should be calculated through an algorithmic approach that differentiates between distinct types of data. The independence of proprietary interests in enterprise data constitutes the logical premise for the compensability of such damages. Based on the mechanisms through which data value is generated， enterprise data can be categorized into two types： data sets and intelligent products. The calculation of damages should differ accordingly. The value of data sets consists of prior interests and commercial added value. An enterprise’s exclusive control over data is limited to the commercial added value component. The harm caused by infringement primarily manifests through the loss of future revenue generated through market transactions. Accordingly， damages may be determined by applying a reasonable royalty standard， calculated through an opportunity analysis method. By contrast， the value of intelligent products is composed of technological value and market value. Infringement typically results in a reduction of market share. In such cases， damages should be determined under a disgorgement of profits standard. Given the relatively low degree of standardization of intelligent products， their value can be assessed based on transaction prices using the income approach， with the portion of profits attributable to non-infringing factors deducted to arrive at a reasonable amount of compensation.

Key words: enterprise data rights, damages, distinctive calculation rules, data set, intelligent product