The Essence Of Sui Generis Right

Concerning the right should be gifted to the database maker, to defend from unfair copying and distribution towards the content of databases, it customarily means the copyright, that is authorized to the authors of Compilations. But, the most important essence of databases, and their highest economic value decide that, the investment for database won`t be thrown into the way which the maker arranged for materials. That causes most database can`t be qualified with the originality of the expression principle. Actually, Most valuable databases are uncovered by the legal protection.In order to pull investment and conform the market, there an appeal for a legal rule to protect the maker of databases; We are also getting the opponents. But we find that, the debate between two partise were on the same level: the advocator stand by the perspective to encourage investment and conform markets, while the objector thought that the disputes of databases could find settlements in exciting legal system. So, standing by the purpose to develop the database industry of China, it`s undoubtable, the arguement on the necessity of legislation for databases made none sense.The issue of the essay is the essence of the right on the databases, which according with the 96/9/EC, named"sui generis rights"; so we can find the way to harmonize this rule and the exciting system. Surrounding the core, the essay should be divined into three parts.The Author gives a introduction about the 96/9/EC Directive in Chapter 1, we can find it`s very cautious when the Euro court to explain and apply the Directive.In the Chapter 2, the author distinguish the Certain rights called neighboring on copyright, the right to sue for anti-unfair, the intellectual property right and the right on the databases. The author got a conclusion: the essence of"sui generis right"is one of intellectual property right, a new kind, independent property right.Finally, on the base of Chapter 2, the essay give a review of the history about the legislation and judgement of intellectual property right. The author find that ,there was none historical or legal basement for intellectual property right system .So we Chinese people, can use the system as a mechanism to balance the interest conflict. Then the author design a blueprint for the database industry.And in the end, the essay emphasize the caution of judges, as the experience of Euro court, which is very important for the system.