Study On The Law Protection Of The Special Rights Of Database In China

In the information age, the databases have been widely used in various fields with its strong function in dealing with information, and the prosperous database industry has gradually formed, whose enormous social and economic value attract more and more investors. On one hand, for the database's complexity, it often requires considerable investment of money and time to produce a database, on the other hand, the database is easily infringed by modern science and technology without any cost. When the database is randomly plagiarized or copied illegally, the economic and psychological damage to the maker of database will be huge. Therefore, in order to protect the interests of the database maker and to promote the development of the database industry, we must establish and improve effective legal systems .Chinese copyright law, contract law, antitrust law and the technical methods of protection in protecting the database industry worked well for the past time to some extent, however, with the changing of economic and social environments, and the emergence of new ways of infringement, these legal models is not enough to protect database nowadays. In 1996, the new law -《The EU Database Directive》marked a new way of legal protection for databases ,which provided a special rights for the maker of database. Although the establishment of the special rights mode led to heated debates world widely, this legal system has significantly enriched the international methods of protecting databases and set a mode for other countries.The main research methods of this paper are document analysis, comparative analysis, empirical analysis. In this paper, I research, coordinate and analyze lots of literatures and cases from journals, newspapers, Internet and so on. Meanwhile, in light of discussing deficiencies of the protection way in various laws, I demonstrate the necessity to establish special rights to protect database in China.This paper is divided into five parts: The first part briefly analyzes the database of legal concepts, legal characteristics and the need for database protection. The second part elaborates the legislative process, the contents of special rights, rights restrictions and the international controversy in the European Union Special Protection System for database. The third part introduces the development status of China's database industry, and treats dialectically to the existing legal protection way of database. In favor of their positive role, this part pointes out the drawbacks of these methods of legal protection. The fourth part bases on our reality and foreign experience, and presents Special Protection System for database in China. Furthermore, this paper emphasizes that the professional institutions should judge a database of "substantial part" and "non-substantial part on certain criteria in judicial practice. The last part summarizes and concludes the full text, and once again explains the view of this paper.