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Legal Protection Of Non-original Database

Posted on:2011-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:C H LiaoFull Text:PDF
GTID:2166360305962585Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Nowadays the society is an information-intensive society, information is important intangible assets, timely and accurate access to information has become an important means of competition. As an indispensable tool in current information-intensive society for human to obtain the information, database especially electronic database, have asked the law protection just because of its enormous investment and the easy to duplicate. However, originally database is protected under copyright law as a compilation of works.but, Copyright Law protects only those databases whose selection or arrangement is creative or original in some way.It may not provide protection for large comprehensive electronically stored database. These databases are lack of originality in the selection of content because they are comprehensive.moreover, more and more large comprehensive electronically stored database have no originality in the arrangement.The "originality" standard of Copyright Law has been increasingly unable to meet the requirements of the database producers.Meanwhile, Copyright protection only extends to the "expression",but not the date themselves.If the third party re-utilized the substantial part and changed the arrangement,the producer could do nothing.Therefore, the producers'investment is at great risk. The facts required to protect the non-original database.Therefore, this paper consists of four chapters. Respectively research and analyze the standard of originality of database, the theoretical basis of non-original database protection, two main protection mode of non-original database--sui generis right protection and anti-appropriate competitive law protection. Finally, based on the realities of our country, analysis the legislation and judicial practice of legal protection of databases in our country, refers to international treaties, international agreements and legislative experience of other countries, we can use anti-appropriate competitive law to protect the non-original database right now and use sui generis right protection mode in the future so as to develop the legal protection system of non-original databases in the legislation.
Keywords/Search Tags:non-original database, originality, sui generis right, anti-appropriate competitive
PDF Full Text Request
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