The Deficiency And Improvement Of China's Database Legal Protecting System

Database is a collection of information arranged in a systematic or methodical way and individually accessible by electronic or other means, which featured by property, monopoly and collectivity. Database is an outcome of the creation of human intelligence, huge investment involved in the design of database makes database have great potential economic values, and be copied or infringed easily. As a result, it becomes necessary that relevant laws should be established in protection of database. In China's current legal system, Copyright Law as the universally protection mode of database right has played an increasingly important role in today's world. In accordance with China's Copyright Law, databases, which by reason of the selection or arrangement of their contents, shall be protected as compiled works by the law. But it's still a perpetual difficult problem to give legal protection to unoriginal database and its most valuable content.Anti-Unfair Competition Law as a contract of revealing all the details in the intellectual property systems, which has played a major role in protecting unoriginal database. However, due to the preconditions for competition restrictions, it's difficult to regulate malicious acts of people outside the scope of competition. In addition, being lack of particular property for the authors of database, which makes it difficult to execute their rights. Anti-Unfair Competition Law is lacking in a balance mechanism between private and public interests, and the terms of commercial secrets is not conducive to the information disclosure and transmission, consequently, Anti-Unfair Competition Law still exists obvious limitations.In light of the advanced experience of western countries, measures should be taken to improve China's database legal protecting system: we must adhere to the principle of balanced interests, taper the legislation to current intellectual right laws, put equal emphasis on the rights of the author of database and the public, and conform to the request for intellectual property treaties; we must learn from Germany's legislation experience and set up a unified database dual protection system under the Copyright Law; we must amend the current Copyright Law and provide dual protection for copyright and neighboring right.