On The Civil Law Protection To Database

Database means compilation of independent works, data or other materials, which are arranged in a systematic or methodical way and are individually accessible by electronic or other means. In the information society, database has become the important information resource, playing a important role in national economy and social informatization.For promoting information interchange, spreading and promoting knowledge innovation, scientific and technological progress, it is very important to define the legal state of database and deal with the conflict of relative interests fairly. So, almost all the countries offer legal protection to database, and international conventions and area legislations protect it too.Copyright law, anti-unfair competition law and database special right protection system, are the chief legislations which can offer legal protection to database in the contemporary law system. Many countries including our state, offer copyright protection to the database in which the selection or arrangement of their contents constitute intellectual creations. but the standard of copyright protection"selection or arrangement of their contents constitute intellectual creations"is a very summary and elastic standard, so ,It is certain that some database with few creations or even no creations will be excluded from the copyright protection area factually. and copyright law consists on the thought of"ideas and expressions",its protection does not extend to the data or the materials of the database. This decides copyright law protection to database be a faint"weak protection". It is necessary to utilize other laws to remedy the deficiency of copyright law protection.European Union firstly offers database special right to protect database, United States and World Intellectual Property Organization promote the legislation construction course of database special right protection system actively. This...