Legal Protection Of Non-original Databases

In today's information society, the importance of information is undoubted. As the most popular data tool, database has brought great convenience for people's daily life, with the features of convenience, massive information stocking ability, timely response. Those databases are simply composed of facts material, but the contents or organization methods do not meet the requirement of originality. Our legislation lacks correspondent regulations. In judicial practice, anti-unfair competition law is applied in such area. A large number of such non-original databases exist in real life, but because lack the originality; they cannot be protected by copyright law. However, the producers'human, finance and material resources will not be rewarded if not protected. With the rapid development of electronic technology, copying other people's databases becomes very easy and low cost. This will undoubtedly make serious damages to the database developer's interests, causing"free rider"unfair competition in the society. So the author believes that it is necessary to improve the legislation for non-original databases.Based on the study of some domestic and international cases, combined with relevant legal theory, this paper points out the lack of legislation for non-original databases in China, and then makes introduction and evaluation for EU database Sui Generis Right, finally gives legislative proposals for the protection mode and contents of non-original databases in China. To analyze those problems of protection of non-original databases in EU and China, this paper is divided into 3 chapters:In the first chapter, the author selects two cases, analyzes the necessity to protect non-original databases and the reason why judgment results are different: on one hand because the judge does not correctly understand the unfair competition relationship; on the other hand, because of the lack of legislation regulation to non-original databases in China.The second chapter also starts from the case. Firstly it introduces the Sui Generis Right of EU databases, and then analyzes the problems and judicial interpretation of European court to the application of Sui Generis Right, and also analyzes the reason why this mechanism does not reach an ideal result.The last chapter is about the legislative proposals to approve and complete the protection to non-original databases in China. By examining the present status, the author points out the blank in existing system and the relative problems caused. To answer these questions, this paper gives some solutions in legislative mode and content selection. Finally in referring to foreign legislation and scholars'suggestion, the author gives specific revision suggestions to relative provisions in China.