关键词: 数据, 权益归属, 互联网平台, 不正当竞争, 五因素分析

Abstract: The twodimensional fire v. Meituan unfair competition dispute triggered a “3Q war” in the SaaS field. The two courts made completely opposite judgments on the same case. The source of the contradiction lies in the failure to determine the ownership of the property rights of Internet platform data clear. Under the premise that my country has not established data rights, there are many dilemmas in the solution of establishing data rights, which can easily lead to legal rigidity, which is not conducive to the good operation of the market.  In the field of competition law, many principles coexist, and the criteria for identification are vague. Therefore, this issue should be resolved within the current legal framework, and from the perspective of competition law, five factors that affect the ownership of Internet platform data property rights should be considered: the nature of user data, the degree of contribution of Internet platform to data, the subjective purpose and substantive effects of data obtained by thirdparty platforms and the actual effect of using the data and after the data rights are divided, the impact of consumer interests, market competition order and social public interests will be reviewed and determined.Key words data; ownership of rights; Internet platform; unfair competition; five factor analysis

Key words: data, ownership of rights, Internet platform, unfair competition, five factor analysis