International Legal Protection Of Databases

The informationization,based on the information and communication technology,have a great influence on the economic,social and cultural life to the global.It was the new trend that the world economic development have took a turn from the industrialization economy based on the industry to the basic informationizaton economy based on the information.In the informative society,with the development of the scientific technology,the progress of the informative technology has improved the born of the database especially the electronic database.And with the development of the computer technology,a large number of data could be created,stored with the digital form or scanned or transformed by other forms.The computer storage technology is improving and internet is spread used. These factors made the data's storage and transformation became extremely rapid and the circulation of information became more convenient.At the same time,the convenience of the informative circulation and the increasing of the informative needs also made different kinds of databases appeared.The database storage is convenient,cheap and able to copy and is the dynamics of improving the data production.The electronic database was stored by the digitalized form and could be rapidly and correctly copied and forms the same quality origins.In that way a great amount of source information could be received and the rate of copy of electronic database is improved.In this case,the ability to encroach to digital resources is increasing.So now the protection ability of legal system to the database is not enough and greatly influenced the interests of databases' makers,and encroach the rights of the legal users.The owners of the databases ask the legal protection more urgently so it is more necessary to protect the databases at the age of information than ever before,to find a proper mode to protect the databases legally has became the inevitable trend of international organizations and the global.This thesis will conclude the legislative experience and search for a proper mode for the database protection system of our country.The preface is mainly the problem that will be analyzed in the thesis.Chapter one is the introduction to the definition,characters and classification of database and concludes the necessity and urgency of legal protection to database.Chapter two is the introduction to databases' legislative experience of the international legislative protection,including the analysis on the European,German,American and WIPO databases' legal protection on legislative experience.And conclude the mode of the database legal protection.Chapter three is the conclusion of chapter two and the analysis and critics on the global protection mode.And also there are the analysis of advantage and disadvantage on the copyrights protection, anti-unfaircompetition protection,contrast protection and sui generis right protection.Chapter four is about the present development status,and point out the necessity of the database legal protection in our country.Relying on the legislative and judicial current status of the database legal protection in our country,analyze the disadvantages on this field.So in our country to establish a database protection system that suited with our current situation, the database protection should be subsumed into the intellectual property system,establish two-tier protection scheme protection system with the copyright legal protection original database and the neighboring rights non-original database.In the conclusion,the disadvantages of single protection mode will be emphasized.In our country,the database legal protection that fit to our current status will be established under the international database legislative experience.The database protection should be subsumed into the intellectual property system,establish two-tier protection scheme protection system,with the copyright legal protection original database and the neighbouring rights non-original database.