| The development, compilation, distribution and maintenance of commercially significant databases require enormous investment of time, personnel and money to gather and verify factual materials, present it in a user-friendly way and keep it current and functional for users. It's obvious that database will be more and more important for us. However, there is no any special regulation for database in China. Till now, there isn't any worldwide treaty on database yet. Current research hasn't drawn a uniform conclusion on the scope, rights and time limit of database. This article analyzed several legal protection measures and found their advantage and defect. It look forward to the establishment of legal frame on database.The seriation, independence and accessibility of database were confirmed. Database right was defined to a special intellectual property right. Those difficulty that copyright measure encountered were analyzed. The judging principles of unfair competition behavior were established. Sui generis right was reasoning limited in the suggestion of legislation.The article defined the concept and scope of database at the first, and then analyzed the necessity of legal protection. Three legal protection measures, including copyright, anti-unfair competition law principle, sui generis right were detailed compared. Finally, sui generis legal frames were brought forward. |
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