중국에서의 빅데이터 보호에 대한 지식재산권법적 논의와 시사점 - 저작권법과 반부정당경쟁법상의 보호를 중심으로 -

In terms of big data is intangible and non-competitive information, it would be said that there is sufficient practical benefit to review the big data protection issues centered on intellectual property law. Big data accumulated in large quantities through the Internet of Things(IoT) raises issues from various perspectives such as who has the rights under the current intellectual property system and how to protect the outputs made using big data. Big data itself is a kind of information and does not meet the requirements for the protection of intellectual property rights. Information using big data can not only have property value but is also given its value when creativity is given beyond simple facts in the process of editing it. It is necessary to review how to protect these results with intellectual property law. Therefore, this study reviewed precedents related to intellectual property law issues copyright law and anti-unfair competition law for the protection of big data in China, the world's No. 1 big data collection and utilization country. Through the review, China has not yet created a direct intellectual property law or amended related laws to protect big data, but it is believed that it is trying to protect big data by using the copyright law and the anti-unfair competition law. Under Chinese copyright law, data itself is denied, but it can be protected as a collective work only when the database using the data has creativity in arrangement, selection, and organization. Looking at big data with the same logic, it seems that big data can also be protected as a work if the results of big data satisfy the requirements of collective work. If unfair competition by competitors is established it is regulated under the anti-unfair competition law based on general provisions, regardless of the creativity of databases or big data in China. Likewise, if big data is recognized as an outcome of considerable effort, protection through the Anti-unfair competition law is possible. Anti-unfair competition law does not yet have an explicit provision on the fraudulent acquisition and use of data, so it is judged whether it is infringed based on general provisions. However, as the importance of data has recently emerged, it is trying to legislate a related part in the draft amendment to the anti-unfair competition law. To protect, use, and revitalize data, which is an important part of the Fourth Industrial Revolution, China also revised the law in 2022 to regulate illegal acquisition and use of data as an unfair competition act. Big data is an essential means in the field of artificial intelligence based on it. In terms of public interest, revitalizing the use of big data is advantageous for the development of related industries. Failure to compensate for human and material resources such as labor and time spent collecting, analyzing, and processing big data can adversely affect the development of related industries. China has discussions about protecting big data, but it has not yet been materialized. However, it is said that it is trying to establish big data protection regulations through the anti-unfair competition law. When the anti-unfair competition law is revised in the future, it is expected that there will be changes in regulations related to big data protection.