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Research Into Legal Protection Of Database

Posted on:2009-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhouFull Text:PDF
GTID:2166360272955664Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Recent years, with the rapid development of computer and communication technology, databases has become one of main channels effectively provide information for society, however, many legal issues involved database also come. It's an urgent problem for law to solve that how to protect the database industry development and the interests of investors, and the use of the information does not cause inconvenience or hinder freedom of information. The research into the legal protection of databases of this paper mainly carry on from the following several aspects: First of all, by analyzing the database conception, the legal characteristics, classification and the necessity of legal protection, so that we can better understand database. Based on analysis into the state of legislation and judicial practice of legal protection of database in our country, we pointed out that the insufficiency and predicament of legal protection of databases in our country, by analyzing two kinds of legal nature of the database, find out the crux of the question. Then introduce the content that the sui generic right of the database protection. one's own advantage that the law of horizontal comparative copyright protects, it explains and develops perfect course that vertical. Moreover, through analyzing the development trend of the domestic database and legal demand at present, attempt to prove our country should change the protection method of database and introduce the dual track system including special right of the database to the legal protection method of the database, With combining the development of the industry of the domestic database even more, legal norm should be established. Finally, based on the above theoretical analysis of the database protection and the prospective of database industry, we propose some suggestions about legal protection of database in our country. Hope to play a role in promoting to the further research of database protection of our country.
Keywords/Search Tags:Databases, copyright protection, protection of sui generic right, dual track system
PDF Full Text Request
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