Special Rights On The Database

The industry of database is a new industry in the information society, and the database industry is a special industry which is collecting managing and depositing, in addition to, defusing information service. In the past time, every country use copyright to protect the writer of database. But, because database is very different from works of copyright, so, the copyright cannot give enough protection to database. Database, especially electronic database under the copyright law and the unfair competition law is easy to be copied, the right of the writer is fragility, they seek for special protection for themselves. The E.C. Directive answer this question, it gives a new right which calls sui generis. But the right is under the discussion of public and scholar. Someone believe sui generis is suitable to protect database, the others believes sui generis is too strong to the protection of database. They worried the strong protection will harm the right of public. This paper based the discussion of sui generis, analysis the limitation of the copyright law and the unfair competition law, analyzed the rationality of sui generis. The paper is divided into six parts. The first part is the prologue, it derivate the necessary and urgency of special protection of database. The second part is the summarization of database ,it analysis the characters of database and the difference between database and works. Then point out the limitation of the copyright law and the unfair competition law .In addition to, the paper introduce the status of our country's law and industry of database and point out the gap between our country and developed country. Moreover,the paper indicated the imminency of establish our law of database by the adduction of practice. The third part introduce two styles law of sui generis of Europe and America ,then analysis their merits and demerits. Fourthmore,the paper stress the difference of the two style new righes of database ,and introduce the content of sui generis ,the term of sui generis,the exception of sui generis and so on. At the same time, the paper give attitudes of countrys of all of the world to sui generis of database and their law of database. The fourth part of this paper analysis the base of sui generis and give three kinds theory of sui generis. One is the theory of rightproperty ,namely the. sui generis is the extend of property in intelligent property ;the other is theory of unfair competition ,the theory take sui generis for the foundation of unfair competition .The last but not the least is special right of property .The part analysis those theories ,and point out the shortage of the former two theory, in addition to ,this part emphasize the third theory, and base the source of property and the theory of inspire proved the ration of sui generis. The fifth part of this paper put forward the frame of our country's law of sui generis. The last part of the paper indicates the necessary and imminency of law of database and finished the paper.