Study On Issues In The Legal Protection For Databases

In recent years, the database, especially in information retrieval in electronic databases to play an increasingly important role, but our law does not provide specific legal protection. Database as the information society's pillar industries, the value of their investment and the huge nature of the simplicity of infringement required to give a strong protection of the law. Around the world, for the legal protection of databases does not form a unified standard. Therefore, this article some of the current legal protection measures to a simple analysis, and trying to find their own strengths and weaknesses, but also an attempt to be able to explore a suitable database of China's actual conditions of legal protection mode. In this paper the concept of the database from the analysis, characteristics, classification, and in judicial practice, the problems start, a brief introduction, analysis and evaluation of several major database legal protection of rights of way the advantages and disadvantages, and highlighted the European Union Database Directive the special protection of the rights approach. In a comprehensive analysis is presented based on the special protection of the rights should be oriented approach, to build our database system of legal protection of the rights so as to address the protection of vacancy problems.The first part introduces the concept of the database, characteristics and classificationThe second part of the talk of the database legal protection in the real issues and cause of the problemThe third part talked about the theoretical basis for legal protection of databases of information that is property rights, because the legal protection of databases, in fact, really want to protect the information in the database, the information in today's society is a resource, who mastered the useful information, whoever grasp opportunities, so the information property rights is the inevitable trend of the future development of intellectual property. The fourth part of the four kinds of stresses in practice there have been the legal protection of databases used to solve the problemThe Fifth part talked EU database directive stresses the special protection of the rights approach and the status of database protection in ChinaThe sixth part mainly talked about the way our legal protection of databases to build the idea of choice and the theory...