Study On Issues In The Legal Protection For Electronic Databases

Driven by the rapid development of information technology, the electronicdatabase industry is launching into a growing prosperity. The enormous socioeconomicvalue in this industry attracts more and more attention from a large numberof investors. However, owing to the very information technology, the cost of copying,pirating an electronic database is much lower than the investment in a databaseproduction, and almost equal to zero. In China, if an electronic database constitutes aCompilation, it could obtain the copyright protection. But the copyright protection isonly for databases selection or arrangement which manifests the originality and notfor databases contents which need the urgent protection. So it leads to insufficientprotection for electronic databases.Therefore, after the introduction of characteristics of electronic databases andproblems arising from the electronic databases protection, the author elaborates on thefollowing key issues: the advantages and disadvantages of the main legal remedies toelectronic databases, the improvement on Sui Generis Right according to the analysisof the interpretation of European Court of Justice (ECJ) and finally the suggestion ofintroducing the legislative mode of taking Sui Generis Right as a kind of neighboringright into our country in order to solve the problems in the electronic databases protection. In accordance with the above key issues, this article is divided into threechapters:In the first chapter, on the basis of the definition and classification of electronicdatabases, the author clarifies the puzzles in the electronic databases protection andfinally sums up the striking points to the solution by means of finding out the crux ofthe problems.In the second chapter, the author details the advantages and disadvantages of themain legal remedies to electronic databases and lays stress on introducing two legalsystems of copyright and Sui Generis Right. As for copyright, the author explainswhy electronic databases can not obtain the full protection of copyright. As for SuiGeneris Right, the author summarizes the new problems and viewpoints concerningSui Generis Right in both theory and practice, brings forward a profound insight intothe ECJ's interpretation on Sui Generis Right and then concludes the solutions to thenew problems.In the third chapter, the author recognizes the obvious advantages of Sui GenerisRight in respect of the electronic databases protection and at the same time indicatesthe need to introduce the improved legislative mode of Sui Generis Right into ourcountry's legal system. For this, the author suggests that Sui Generis Right could beintroduced into China's legal system by means of taking Sui Generis Right as a kindof neighboring right. Such legislation mode not only provides the full protection forthe contents of electronic databases but also maintains the authority of laws.In addition, the author pays attention to the analysis of details and then concludesthat the electronic databases protection does not conflict with the principle of PublicInterest First and that the electronic databases'dependence of computer softwaremakes electronic databases difficult to be qualified with the originality of its selectionor arrangement. In theory, the author argues that Sui Generis Right is one kind ofneighboring right and that the Sui Generis Right is in fact a substitute for the principleof"Sweat of the Brow".In the end of this article, the author encourages the reference to other country'slaw in legislation but does not agree with an unselected copy of others'. What we should do is to change others'laws into a good model suitable for our country'selectronic databases industry. Meanwhile, the author hopes that the analysis of EJC'sinterpretation and the suggestions of improvement on Sui Generis Right could bebeneficial to our country's legislation on the protection for electronic databases.