The Legal Protection Of Databases

Nowadays the information explosion, reading online, e-commerce, and so on ,the words that familiar with the people,is full of and changing people's lives,geting the latest and most, the most accurate information become the important content of everyday life. The digital technology , the communication technology and the computer technology, since the 20th century ,makes the mass information is rapidly collect, transmission and utilization. Relying on the computer ,a lot of information is effective maken use of bring the electronic databases. Database as a collection of information, in the business, defense, science and technology, education, etc, is the unique value.In legal protection system, keeping the maker to the lawful rights and interests of the databases is to development , update and maintain the databases, becoming the information society must face to the problems. At the international level, protecting the database in legal, the European Union is the first one in the world, the U.S. ,the world trade organization (WTO), the world intellectual property organization (WIPO) is aslo highly valued. In China, the development of databases industry, behind America and other developed countries, aslo ten years, database is not clear provision in the existing legal system framework.Based on the information is global, in the background of the internationalization of, intellectual property,the study of basic law for protection database system , the analysis of the existing laws on base is put forward, the suggestion is to creat database sui generis right system.The thesis is divided into four chapers,except the introduction and conclusion. The introduction mainly explains the significance of legal protection to database, as well as the existing database legal protection mode.Chapter one is databases and the legal protection of databases, mainly introduces databases meaning, types, and computer software to distinguish and international and domestic development situation of database. In the field of computer database refers to a store for a particular group of multiple applications and services with as little redundancy connected data collection. In the European Union directive, the term "database" refers to the system or orderly arrangement, and through the electronic or other means to get alone and data or other independent materials collection. Also make use of electronic databases for operation of the computer program is not under the instruction of protection. The mass of database according to different criteria can be divided into many types, mainly including: the operational database and analytical database, the useful database and commercial database, creativity database and no creativity database;electronic databases and no electronic databases. The wide application of database data is to promote the development of database industry, our country database industry is bring out in the 1970s, behind the United States and other developed countries almost decade, the network information of globalization demands for China must be to accelerate the investment, for narrowing the gap database industry with developed countries.Chapter two deal with the legal protection of databases theoretical foundation, mainly discusses the necessity of the legal protection of databases and exclusive protection theory. Database contains all kinds of data, users through database application system selecte and arrange of the useful information for himself. Database containing enormous commercial value for information service, on the hand, because of the low cost of an electronic database replication, the makers are easily publicised, On the other hand, under the low condition of law for the protectionof database, the makers try to protect the database security in most technical measures , but get to information technical measures too much will be taken against the free flow of information transmission and use. For the rapid development of information technology, therefore, through legal waying to solve problems of the protection of databases are necessary and pressing. Because our country does not to the legislation of special database in the existing legal system in China, mainly by the copyright law, anti-unfair competition law, contract law to protect the database. But because of the copyright law protect the arrangement of data rather than the content, its protection of database is a kind of weak protection, and lots of the original database were excluded from the copyright protection. Anti-unfair competition law is the regulation of behavior between competitors while makers and database publicised is no competition, the law for the protection for database is powerless. Because of its relative contract, also can contract to a third party database sanctions beyond the lawful rights and protect interests of makers.Chapter three is about the protection of databases for analysis in European Union, the main introduces EU legislation, the purpose of sui generis rights in protection database, content, nature and defects, the sametime sui generisl rights protection for the typical cases of database. EU order to establish a stable, the unity of efficiency and protect database system of the development of industry , March 11 in 1996, formally promulgated "instruction", this has produced important influence to America and the world intellectual property organization. In the European Union in the instruction is the most compelling, create a database of sui generis rights protection system, this system for database producers order the extraction and reuilization right, to protect substantial investment of makers for database. Sui generis rights is a new set of intellectual property rights in the copyright , but also because of the intellectual property rights is an inevitable restrictions to, in order to maintain the social and public interests. British race committee case is the first case directly applicable instructions of the case, is also the first case concerning special rights to explain in the European court cases of understanding, consultation sui generis rights of database system is of great significance.Chapter 4 focuses on the perfecting the legal system of database of some ideas in China, this paper probes into the main expounded the "instructions for China's influence on our proprietary database, for create legal system suggestion. The EU and China in the information society, is carring out extensive exchanges and cooperation. In the European Union legislation special protection of databases, our database for special legislation should be intensified research following the European Union, in order to achieve our information industry of faster development. In China, the existing legal framework for database with a lot of protection blake area in China, the need to establish specialized legal protection mode, create database system, with its sui generis rights the combination of copyright law, more comprehensive and effective protection the investment of makers.