Analysis Of Database Of Intellectual Property Protection Mode

With the recent development of economy, especially the popularizations of computer and network technology, a variety of databases have emerged, In view of the large number of those databases, it has become an important subject in legal studies to protect the intellectual rights of those databases. And the key to the protection of database intellectual property rights lies in the comparison and contrast between the various existing models for the protection of database intellectual rights.Overseas researches into the protection of the intellectual property rights of databases took off earlier than Chinese research in this field and in those researches seem to have reached a unanimous conclusion that database intellectual rights should be protected on the basis of copyright law. For instance, databases have been treated as compilations and been protected accordingly by the US, Germany, the WTO, the World Intellectual Property Organization (WEPO) and the Taiwan Province of China. However, with the rapid development of the IT industry, databases especially electronic databases have been emerging in large numbers, As a result, copyright law alone cannot shoulder the heavy burden of protecting the intellectual property rights of databases. In view of this, the EU promulgated the Directive on the Legal Protection of Databases, which is first of its kind. This EU directive granted databases some special rights which they would otherwise not enjoy under copyright laws, aiming at protecting the databases which are not under the protection of the copyright law yet involve substantial investment; Following closely the heels of the EU, the US promulgated several directives on the legal protection of the special rights of databases, such as the H.R.354. Both the EU and US directives aim at rights and interests of the authors of those databases with little or no originality yet substantial investment.In comparison, there is yet to be a corresponding law in the protection of intellectual property rights of databases in the Chinese mainland. The Copyright Law of the People's Republic of China, (promulgated in 2001), stipulated the...