Our Database Protection Legal Issues

The protection method of the database , can roughly be divided into two kinds, one is technological method of protection, For example such measures as users' identification , differentiation , depositting and withdraw controlling and password ,etc. another one is Legal way. Although technological method of protection get sure development and in further research and perfection even already to protect, these technological methods of protection are effective to commonl persons who usurp .But these are invalid for the users who obtain right use illegally and the advanced persons who steal insufficiently. The legal protection method of the database , can roughly be divided into two kinds: one is protection of creditor's rights, another is protection of the law of intellectual property right.The intellectual property protection of domestic database is studied and still in one kind of such states now: translating .introduction , proving , appraising foreign intellectual property protection of database in various degree. Some administration of justice practising and theories of Chinese and foreign protection of database was compared and analysed. The feasible scheme of database intellectual property protection have be proved.The problems needing to probe into and studying further now :first, There is no unified understanding in various countries in the legal concept of the database, it is a appearance because of the electronic database. Its' characteristic that has, the theory principle of breaking the law of traditional copyright and protecting. The legal principle analysis of such non- electronic databases as the list of television programmes thin to the telephone in the past ,etc. is on the basis of the theory fulcrum collecting the works. But regard to the electronic database as and collect the works to protect much impropriety. Second, the legal attribution with the works is different from two kinds of the information products of the database is the very crux of the legal protection question of the database. Analyse about the attribution of the information products it is the break-through point which solves the problem. Third, in the analysis of the nature and mode protected about the sui generis right at present, a lot of researchers have seen its shortcoming, but often ignore the special right and protect the mode in the improvement day by day. This text i analyzes between it and of our country database legal protection but reference with eyes of development to attempt. Fourth, though most articles have realized that the backwardness of the industry of database of our country, but has not combed out the corresponding characteristic , development trend , so that lack enough assurance to the legal demand of the industry of thedatabase. The fifth, the domestic information industry develops rapidly, information is imperatived in enactment of law. Our country has already had a special regulation to begin to implement at present, the formulation of the regulations on protection of the database , can remedy the disappearance of the existing law , and link up with the information law systems in the future. So it is necessary for our country to make in advance, in practice abundant to develop.With proving , this text attempts to do the further discussion in several following sides through an analysis of the above question. First of all, analyse meaning , legal characteristic and classification of database , make we can understand database. Secondly has proposed the situation of the legal protection of database of our country now , has used the copyright law , and laws against competition by inappropriate means ,etc. to protect the question , puzzled and insufficiented of the database , proceed with two kinds of legal nature of the database, analyse the very crux of the question. Then introduce the content that the sui generis right of the database protects , one's own advantage that the law of horizontal comparative copyright protects, it explains and develops perfect course that vertical. Moreover, through analysing the development trend of the domestic database and legal demand at present, attempt to prove our country should change and introduce the dual track system including special right of the database to the legal protection mode of the database , With combining the development of the industry of the domestic database even more , legal norm should be maked. Finally, based on the analyses , some suggestions of the legal protection of database of our country be proposed, and the feasibility analysis of suggestion, hope to play a role in promoting to the further research of database protection of our country.