Study On The Protection Model Of Electronic Databases

In the internet age, electronic databases plays an important role in our productions and lives. The industry of databases has been a great deal of development and occupied a leader position gradually. In China, the rules on electronic databases are a series of law, regulation and Judicial Interpretation, but they are principle relatively and short of operability. The paper gives some simple proposals on the base of senior scholars'study, legislative abroad and chinese reality, and hopes to play a role in promoting development of legislative and judicial about databases.Beside preface and conclusion, this paper consists of three chapters:Chapter one presents the protection models of databases. It illustrates databases'concept, features and classification firstly, then explains the protection models of databases. The protection models of databases can be divided into two types: law protection and technology protection .The former also can be divided into four types: copyright protection, sui generis right protect, anti-unfair competition protection and contract protection.Chapter two analyzes the differences of all protection models of databases. The sui generis right protection that is included by E.C. Directive 96/9 on the Legal Protection of Databases attract worldwide attention and controversy. There are two viewpoints about the best protection model of databases: the sui generis right protection and non-sui generis right protection. The former deem traditional protection models all have inextirpable limitations, and the sui generis right protection model is the optimal one. The latter affirm existing law can protect databases adequately. Even if the existing law couldn't, we should improve the existing law to protect databases.Chapter three presents some suggestions for chinese rules of protecting databases. Through analyzing and comparing all kinds of protection model about databases, the author believe the base on which China improve the protection model of databases are to suspend the sui generis right protection, to regulate the technology protection by law ,and to protect databases through existing law. Also, China should harmonize every protection model and establish the integrative system of databases protection that includes anti-unfair competition law, copyright law, contract law, technology protection, and the anti-unfair competition law is the primary one.