The Legal Protection Of Databases

With the fast development of the computer information technology, thedatabase industry reports its fast growth. People make use of the databasefor information reservation and take advantage of the rich informationresources through databases, which brings databases the highly integratedinformation value. However, as an intellectual product, the database, withits contents used by numerous people, enjoys the character of commonality,which causes the outward economy in a large scale. In a word, it is difficultfor the database makers or investors to control their products. If theproducts are hidden, their creative activities will not be admitted by thepublic. On the contrary, once the products are open to the outside, it ishard to control them effectively. In addition, in case that the producerssell their products to certain consumer, the consumer may become a potentialcompetitor of them. The contrast between the tremendous investments andcheap copy leads many people to do nothing but to become a free rider, whocan use the information in the database free. One creates, and lots benefit.If the situation fails to be stopped, producers' passion is bound to bebeaten, which will lead to the recession of the database industry. Justbecause of these, perfect laws are needed to protect the database. But theparticularity of the database brings forward a new challenge to current legalsystem of intellectual property. Therefore, scholars of intellectualproperty, home and abroad, focus on how to protect the database by law. Mypaper begins with necessity of protecting the database. After the definitionand characters of the database are described in details, the nature of thedatabase is determined as a special and dynamic collection. On this basis,in a landscape orientation way I briefly review the methods of protectingthe database in main countries of the world. Three popular methods are found.In succession, I introduce and analyze the three methods respectively inthree parts, combined with some cases and related acts in EU and USA. Aboveall, I emphasize in analyzing the merits and shortcomings of the threemethods. In the last part of my paper, firstly I introduce the developmentof the database and its current protection by law in China. Secondly I analyzethe legal protection system along with some famous cases in China. On thisbasis, I point out that the system of copyright and competition law playscertain role in protecting the database. After further analyzing theprotection method of competition law, I believe that this method fails toassume the vital task of solely protecting the database. In my opinion, theprotection of database shall be completely brought into the copyright field.The makers' right concerning the database shall be considered as kind ofcomprehensive neighbor right. Related ordinance concerning the databaseshall be made by imitating the pattern of the Protection Ordinance ofComputer Software. In the end, I analyze the legislation tropism of thedatabase and point out that we shall pay much attention to equity andefficiency when such ordinance is made. After these, I give my own adviceconcerning some issues that we shall advert to in the process of legislation.