Research On Legal Protection Of Non-Original Database

As the continuous development of information society, the position of network has become increasingly important in human life. Extensive use of the database is a concrete manifestation of the rapid development of internet. Countries in the world are trying to resolve problems caused by database infringement through legal channels. European Union issued direction on the legal protection of databases to solve the problem, established a system of legal protection of databases through special rights and copyright protection. United States, Germany and other countries also take appropriate way to fit their legal regulation of database. In our country, original database has been protected by copyright law, but law of non-original databases has not established yet, which is now argued by law experts. In this paper, I use research methods of theoretical analysis, comparative study and empirical analysis, to explore the legal protection methods on non-original databases, and put forward my own views and opinions.Firstly, the paper leads to the concept of non-original databases through research on the definition, characteristics, classification of database, And makes it clear that non-original database is classified according to the characteristics of the database. Using a comparative approach to do a contrast between the high standards of originality in the civil law system and the low standards of originality in common law system. Analysis the phenomenon that original standards of two systems are closer at present, then come to the criteria of originality of database. That is, China should also reduce the standards of originality appropriately, using the independent and minimum creativity standard. Through analysis on the legitimacy of the legal protection of the database, conclude that it is necessary for legal protection on non-originality databases. Under the current development of the Internet, analysis the legal nature obtained by non-original databases----nature of intellectual property.Secondly, on the basis of the relevant legal theory of non-original databases, we study and analyze some main stream of the legislative model of foreign countries of non-original databases, including the special rights protection system, neighboring rights protection and protection against unfair competition. And also some other protection methods such as contract law, the basic principles of civil law protection. It also makes a comparison among study of their respective advantages and disadvantages on the object, requirements, rights and other aspects of these protection mode, in order to resolve the legal protection of non-original databases problem.Thirdly, it analysis legislation and relative case of databases in China, through research methods of theoretical analysis and empirical analysis, discussed the current situation on legal protection of databases, especially on the non-original databases cases, combined with some of the foreign legislation on non-original database protection, and with our national conditions, then come to the conclusion:It is our best choice to protect non-original databases through legislation of special rights. And we can achieve legal protection for non-original databases through the development of Database Protection Ordinance.